Idaho Code § 33-1004A — Idaho Code / Title 33 / Chapter 10 / Section 33-1004A
33-1004A EXPERIENCE AND EDUCATION MULTIPLIER.
Status: in_force

33-1004A. Experience and education multiplier. (1) Each administrative staff position shall be assigned an appropriate multiplier based upon the following table:

EXPERIENCE AND EDUCATION

MA MA + 12 MA + 24 MA + 36 Years BA BA + 12 BA + 24 BA + 36 BA + 48 BA + 60 ES/DR 0 1.00000 1.03750 1.07640 1.11680 1.15870 1.20220 1.24730 1 1.03750 1.07640 1.11680 1.15870 1.20220 1.24730 1.29410 2 1.07640 1.11680 1.15870 1.20220 1.24730 1.29410 1.34260 3 1.11680 1.15870 1.20220 1.24730 1.29410 1.34260 1.39290 4 1.15870 1.20220 1.24730 1.29410 1.34260 1.39290 1.44510 5 1.20220 1.24730 1.29410 1.34260 1.39290 1.44510 1.49930 6 1.24730 1.29410 1.34260 1.39290 1.44510 1.49930 1.55550 7 1.29410 1.34260 1.39290 1.44510 1.49930 1.55550 1.61380 8 1.34260 1.39290 1.44510 1.49930 1.55550 1.61380 1.67430 9 1.39290 1.44510 1.49930 1.55550 1.61380 1.67430 1.73710 10 1.39290 1.49930 1.55550 1.61380 1.67430 1.73710 1.80220 11 1.39290 1.49930 1.55550 1.61380 1.73710 1.80220 1.86980 12 1.39290 1.49930 1.55550 1.61380 1.73710 1.86980 1.93990 13 or more 1.39290 1.49930 1.55550 1.61380 1.73710 1.86980 2.01260

(2) In determining the experience factor, the actual years of certificated service as pupil personnel services staff, teaching and administrative service for administrator certificate holders in a public school, in an accredited private or parochial school, or beginning in the 2005-06 school year and thereafter in an accredited college or university shall be credited.

(3) In determining the education factor, only credits earned after initial certification, based upon a transcript on file with the teacher certification office of the state department of education, earned at an institution of higher education accredited by a body recognized by the state board of education, shall be allowed; however, successful completion of a state approved evaluation training and proof of proficiency shall be counted as up to three (3) transcripted credits for determination of the education factor and meeting recertification requirements.

(4) In determining the statewide average multiplier for administrative staff, no multiplier in excess of 1.86643 shall be used. If the actual statewide average multiplier for administrative staff, as determined by this section, exceeds 1.86643, then each school district's administrative staff multiplier shall be multiplied by the result of 1.86643 divided by the actual statewide average multiplier for administrative staff.

History:

[33-1004A, added 1994, ch. 428, sec. 6, p. 1376; am. 2000, ch. 67, sec. 1, p. 151; am. 2003, ch. 371, sec. 4, p. 983; am. 2003, ch. 375, sec. 4, p. 1003; am. 2004, ch. 341, sec. 4, p. 1016; am. 2006, ch. 260, sec. 1, p. 799; am. 2008, ch. 158, sec. 1, p. 455; am. 2009, ch. 285, sec. 1, p. 858; am. 2010, ch. 234, sec. 32, p. 536; am. 2011, ch. 247, sec. 8, p. 680; am. 2011, ch. 300, sec. 3, p. 859; am. 2013, ch. 267, sec. 1, p. 694; am. 2013, ch. 326, sec. 11, p. 850; am. 2013, ch. 340, sec. 3, p. 895; am. 2015, ch. 229, sec. 4, p. 709; am. 2016, ch. 245, sec. 2, p. 644.]
Idaho Code § 33-3702 — Idaho Code / Title 33 / Chapter 37 / Section 33-3702
33-3702 CREATION OF DORMITORY FUND.
Status: in_force

33-3702. Creation of dormitory fund. Said board is hereby authorized to create a separate fund for each of said four institutions, to be known as the "dormitory fund." Said board is hereby authorized to pay into each of said respective dormitory funds, all room, dormitory or housing rentals received by said respective institutions, not including the proceeds of any anticipated appropriations made by the state nor the interest from the permanent endowment, and to pledge on behalf of each of said respective institutions, its said dormitory fund for the payment of all rental or other charges agreed to be paid on account of such dormitory or dormitories as well as for the payment of the purchase-price of land or lands and buildings, or the payment of the agreed cost of construction of such buildings or building, and the purchase-price of fixtures, furniture, furnishings and equipment for such buildings together with the cost of installation thereof; so as to be used for dormitory or housing purposes by said respective institutions, and such dormitory funds, or so much thereof as may be necessary are hereby appropriated for the purposes herein set forth.

History:

[(33-3702) 1923, ch. 72, sec. 2, p. 79; am. 1929, ch. 132, sec. 2, p. 216; I.C.A., sec. 32-3202.]
Idaho Code § 33-5504A — Idaho Code / Title 33 / Chapter 55 / Section 33-5504A
33-5504A GOVERNMENTAL ENTITY.
Status: in_force

33-5504A. Governmental entity. (1) The Idaho digital learning academy shall be a governmental entity as provided in section 33-5502, Idaho Code. For the purposes of section 59-1302(15), Idaho Code, the Idaho digital learning academy created pursuant to this chapter shall be deemed a governmental entity. Pursuant to the provisions of section 63-3622O, Idaho Code, sales to or purchases by the Idaho digital learning academy are exempt from payment of the sales and use tax. The Idaho digital learning academy, its employees and its board of directors are subject to the following provisions in the same manner as a traditional public school and the board of trustees of a school district:

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

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

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

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

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

(f) Section 33-1216, Idaho Code, on sick and other leave;

(g) Section 33-1217, Idaho Code, on accumulation of unused sick leave;

(h) Section 33-1218, Idaho Code, on sick leave in excess of statutory minimum amounts; and

(i) Section 33-1228, Idaho Code, on severance allowance at retirement.

(2) The Idaho digital learning academy may sue or be sued, purchase, receive, hold and convey real and personal property for school purposes, and its employees, directors and officers shall enjoy the same immunities as employees, directors and officers of traditional public school districts and other public schools, including those provided by chapter 9, title 6, Idaho Code.

(3) The Idaho digital learning academy shall secure insurance for liability and property loss.

(4) It shall be unlawful for:

(a) Any director to have pecuniary interest directly or indirectly in any contract or other transaction pertaining to the maintenance or conduct of the Idaho digital learning academy, or to accept any reward or compensation for services rendered as a director except as may be otherwise provided in this subsection (4). The board of directors of the Idaho digital learning academy may accept and award contracts involving the Idaho digital learning academy to businesses in which the director or a person related to him by blood or marriage within the second degree of consanguinity has a direct or indirect interest, provided that the procedures set forth in section 18-1361 or 18-1361A, Idaho Code, are followed. The receiving, soliciting or acceptance of moneys of the Idaho digital learning academy for deposit in any bank or trust company, or the lending of moneys by any bank or trust company to the Idaho digital learning academy, shall not be deemed to be a contract pertaining to the maintenance or conduct of the Idaho digital learning academy within the meaning of this section; nor shall the payment of compensation by the Idaho digital learning academy board of directors to any bank or trust company for services rendered in the transaction of any banking business with the Idaho digital learning academy board of directors be deemed the payment of any reward or compensation to any officer or director of any such bank or trust company within the meaning of this section.

(b) The board of directors of the Idaho digital learning academy to enter into or execute any contract with the spouse of any member of such board, the terms of which said contract require, or will require, the payment or delivery of any Idaho digital learning academy funds, moneys or property to such spouse, except as provided in section 18-1361 or 18-1361A, Idaho Code.

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

History:

[33-5504A, added 2008, ch. 119, sec. 4, p. 335; am. 2009, ch. 55, sec. 3, p. 158; am. 2015, ch. 141, sec. 73, p. 434; am. 2024, ch. 9, sec. 46, p. 90.]
Idaho Code § 33-1406 — Idaho Code / Title 33 / Chapter 14 / Section 33-1406
33-1406 BILLS OF TUITION.
Status: in_force

33-1406. Bills of tuition. (1) Bills of tuition for nonresident pupils shall be rendered by each creditor district and for nonresident pupils attending any school of the creditor district under the provisions of section 33-1403 or 33-1404, Idaho Code, the bill of tuition shall be submitted to the home district of such pupils. The creditor district may submit to the parent of any out-of-state pupil attending school in its district a bill of tuition of such pupil, and such parent shall be liable for the payment of said tuition, if so billed. Tuition reimbursement for nonresident pupils who are placed by court order under provisions of the Idaho juvenile corrections or child protective acts may be obtained by the creditor district through procedures established in section 33-1002, Idaho Code, for nonresident tuition-equivalency allowance.

(2) Each bill of tuition submitted to a home district shall show the serial number of the tuition certificate last issued to the creditor district by the state department of education and shall show also the number of pupils for whom tuition is charged, which charge shall be as shown by the said tuition certificate.

(3) Bills of tuition, if submitted other than annually, shall be apportioned according to the number of school months for which any such bill is applicable. A fraction of a school month shall be deemed a school month.

History:

[33-1406, added 1963, ch. 13, sec. 77, p. 27; am. 1974, ch. 76, sec. 2, p. 1163; am. 1976, ch. 85, sec. 3, p. 291; am. 1983, ch. 85, sec. 3, p. 177; am. 1985, ch. 107, sec. 14, p. 208; am. 2004, ch. 23, sec. 7, p. 29; am. 2012, ch. 257, sec. 9, p. 716; am. 2023, ch. 156, sec. 5, p. 424.]
Idaho Code § 33-5408 — Idaho Code / Title 33 / Chapter 54 / Section 33-5408
33-5408 ANNUAL REPORT.
Status: in_force

33-5408. Annual report. The board shall submit an annual report to the speaker of the house of representatives and the president pro tempore of the senate by February 1 that summarizes the board's findings and recommendations concerning the program established by this chapter.

History:

[33-5408, added 2000, ch. 213, sec. 1, p. 581.]
Idaho Code § 33-4904 — Idaho Code / Title 33 / Chapter 49 / Section 33-4904
33-4904 MOTORCYCLE SAFETY PROGRAM FUND.
Status: in_force

33-4904. Motorcycle safety program fund. (1) The motorcycle safety program fund is established in the state treasury and appropriated on a continual basis to the division of career technical education, which shall administer the moneys. Moneys in the fund shall only be used for administration and implementation of the program, including reimbursement of entities that offer approved motorcycle rider training courses.

(2) At the end of each fiscal year, moneys remaining in the motorcycle safety program fund shall be retained in said fund and shall not revert to any other general fund. The interest and income earned on moneys in the fund, after deducting any applicable charges, shall be credited to and remain in the motorcycle safety program fund.

(3) Revenue credited to the fund shall include the amounts provided in section 49-306, Idaho Code, for a class A, B, C, or D driver's license.

(4) Revenue credited to the fund shall include amounts collected for each motorcycle safety program fee imposed pursuant to section 49-453, Idaho Code.

History:

[(33-4904) 33-4804, added 1994, ch. 234, sec. 10, p. 743; am. and redesig. 1998, ch. 110, sec. 4, p. 381; am. 1999, ch. 81, sec. 1, p. 238; am. 2005, ch. 308, sec. 1, p. 960; am. 2009, ch. 30, sec. 4, p. 83; am. 2016, ch. 25, sec. 32, p. 54; am. 2024, ch. 13, sec. 4, p. 126.]
Idaho Code § 33-4602 — Idaho Code / Title 33 / Chapter 46 / Section 33-4602
33-4602 ADVANCED OPPORTUNITIES — RULEMAKING.
Status: in_force

33-4602. advanced opportunities — rulemaking. (1) Students attending public schools in Idaho will be eligible for four thousand six hundred twenty-five dollars ($4,625) to use toward overload courses, dual credits, postsecondary credit-bearing examinations, career technical certificate examinations, career technical education workforce training courses, college entrance examinations, and preliminary college entrance examinations. Students may access these funds in grades 7 through 12 for:

(a) Overload courses, the distribution of which may not exceed two hundred twenty-five dollars ($225) per overload course. A student shall take and successfully be completing a full credit load within a given school year to be eligible for funding of an overload course. An overload course shall be taken for high school credit to be eligible for funding. To qualify as an eligible overload course for the program, the course shall:

(i) Be offered by a provider accredited by the organization that accredits Idaho public schools; and

(ii) Be taught by an individual certified to teach the grade and subject area of the course in Idaho.

(b) Eligible dual credits, the distribution of which may not exceed seventy-five dollars ($75.00) per one (1) dual credit hour. Dual credit courses shall be offered by a regionally accredited postsecondary institution. To qualify as an eligible dual credit course, the course shall be a credit-bearing 100-level course or higher.

(c) Eligible postsecondary credit-bearing or career technical certificate examinations. The state department of education shall maintain a list of eligible exams and costs. Eligible costs include the cost of the examination, proctor fees, and administrative fees. Eligible examinations include:

(i) Advanced placement (AP);

(ii) International baccalaureate (IB);

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

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

(d) CTE workforce training courses, such as federally registered apprenticeships. The state department of education shall collaborate with the division of career technical education to maintain a list of eligible training courses and costs. Eligible training courses shall:

(i) Be provided by an Idaho public technical college;

(ii) Lead to an industry-recognized certificate, license, or degree;

(iii) Be required training for occupations deemed regionally in demand;

(iv) Be courses that are not otherwise available at the student's high school; and

(v) Allow high school-aged students to participate.

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

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

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

(4) The board of each public school may set forth criteria by which a student may challenge a course. If a student successfully meets the criteria set forth by the board of the public school, then the student shall be counted as having completed all required coursework for that course. The public school, with the exception of Idaho tribal schools, shall be funded for such students based on either actual hours of attendance or the course that the student has successfully passed, whichever is more advantageous to the public school, up to the maximum of one (1) full-time student.

(5) Any student who successfully completes public school grades 9 through 12 curriculum at least one (1) year early shall be eligible for an advanced opportunities scholarship. The scholarship may be used for educational costs at any Idaho public postsecondary educational institution. The amount of the scholarship shall equal thirty-five percent (35%) of the statewide average daily attendance-driven funding per enrolled pupil for each year of grades 9 through 12 curriculum avoided by the student's early graduation. Each public school shall receive an amount equal to each such awarded scholarship for each student that graduates early from that public school. Students shall apply for the scholarship within two (2) years of graduating from a public school.

(6) The state department of education shall reimburse public schools or public postsecondary educational institutions, as applicable, for such costs, up to the stated limits, within one hundred twenty-five (125) days of receiving the necessary data upon which reimbursements may be paid. The submission method and timelines of reimbursement data shall be determined by the state department of education. Payments will be made only for activity occurring and reported within each fiscal year.

(7) For public funding purposes, average daily attendance shall be counted as normal for students participating in dual credit courses pursuant to this section.

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

(9) The state department of education shall reimburse community colleges or counties, as applicable, for any out-of-district county tuition pursuant to section 33-2110A, Idaho Code. Such reimbursements shall be in an amount not to exceed fifty dollars ($50.00) per credit hour and only for dual credit courses taken pursuant to this section. Community colleges may directly enroll a homeschool student for dual enrollment courses pursuant to this section. Such direct enrollments shall be coordinated with the state board of education.

(10) Public schools shall establish timelines and requirements for participation in the program, including implementing procedures for the appropriate transcription of credits, reporting of program participation and financial transaction requirements. Public schools shall make reasonable efforts to ensure that any student who considers participating in the program also considers the challenges and time necessary to succeed in the program, and schools shall make reasonable efforts to include guidance on how the student's participation in the program contributes to prospective college and career pathways. Such efforts by the district shall be performed prior to a student participating in the program and throughout the student's involvement in the program.

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

(12) Parents of participating students may enroll their child in any eligible course, with or without the permission of the public school in which the student is enrolled. Tribal school students shall follow their schools' enrollment policies and procedures. Public school personnel shall assist parents in the process of enrolling students in such courses. Each participating student's high school transcript at the public school at which the student is enrolled shall include the credits earned and grades received by the student for any overload or dual credit courses taken pursuant to this section. For an eligible course to be transcribed as meeting the requirements of a core subject as identified in administrative rule, the course shall meet the approved content standards for the applicable subject and grade level.

(13) Participating public schools shall collaborate with Idaho public postsecondary educational institutions to assist students who seek to participate in dual credit courses or graduate from high school early by enrolling in postsecondary courses. Participating school districts, charter schools and Idaho public postsecondary educational institutions shall report to the state board of education and the education committees of the senate and the house of representatives any difficulties or obstacles they experience in providing assistance to participating students.

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

History:

[33-4602, added 2016, ch. 166, sec. 3, p. 451; am. 2018, ch. 100, sec. 2, p. 210; am. 2019, ch. 263, sec. 1, p. 773; am. 2021, ch. 210, sec. 1, p. 577; am. 2023, ch. 174, sec. 5, p. 465; am. 2024, ch. 76, sec. 1, p. 366; am. 2024, ch. 139, sec. 1, p. 540; am. 2024, ch. 290, sec. 4, p. 987; am. 2025, ch. 139, sec. 1, p. 706.]
Idaho Code § 33-2106 — Idaho Code / Title 33 / Chapter 21 / Section 33-2106
33-2106 TRUSTEES OF COMMUNITY COLLEGE DISTRICTS.
Status: in_force

33-2106. Trustees of community college districts. (1) The board of trustees of each community college district shall consist of five (5) electors who shall reside in a different trustee zone from each other and who shall be appointed or elected as provided in this section.

(a) Immediately following the establishment of a new community college district, the state board of education shall divide the district into five (5) trustee zones, which shall be 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. The state board shall also appoint the members of the first board who shall serve until the election and qualification of their successors.

(b) At the first election of trustees after the creation of a district, five (5) trustees shall be elected: two (2) for terms of two (2) years each, and three (3) for terms of four (4) years each. Thereafter, the successors of persons so elected shall be elected for terms of four (4) years.

(c) Excluding any first election of trustees after the creation of a district, at any other election of trustees held in 2008, and in each trustee election thereafter, trustees shall be elected to terms of four (4) years. If more than two (2) trustee positions are eligible for election in 2008, one (1) trustee shall be elected to a term of four (4) years and two (2) trustees shall be elected to a term of six (6) years. Thereafter, the successors of persons so elected in 2008 shall be elected for terms of four (4) years.

(d) The expiration of any term shall be at the regular meeting of the trustees next following the election for the successor terms.

(2) Elections of trustees of community college districts shall be biennially, in even-numbered years, and shall be held on a date authorized in section 34-106, Idaho Code. Vacancies on the board of trustees shall be filled by appointment by the remaining members, but if by reason of vacancies there remain on the board less than a majority of the required number of members, appointment to fill such vacancies shall be made by the state board of education. Any person so appointed must reside in the trustee zone where the vacancy occurs and shall serve until the next trustee election, at which time his successor shall be elected for the unexpired term. The trustees shall take and subscribe the oath of office required in the case of state officers and said oath shall be filed with the secretary of state.

(3) Notice of the election, the conduct thereof, the qualification of electors and the canvass of returns shall be as prescribed in chapter 14, title 34, Idaho Code.

(4) All eligible electors within a community college district may vote for candidates in each and every zone. An individual who is a candidate for a specific zone of the community college district must reside in that same specific zone, and the candidate in each zone receiving the largest number of votes from the district shall be declared elected. An individual shall be a candidate for a specific position of the board and each candidate must declare which position he seeks on the board of trustees. If it be necessary to resolve a tie between two (2) or more persons, the board of trustees shall determine by lot which thereof shall be declared elected. The clerk of the board shall promptly notify any person by mail of his election, enclosing a form of oath to be subscribed by him as herein provided.

(5) When elections held pursuant to this section coincide with other elections held by the state of Idaho or any subdivision thereof, or any municipality or school district, the board of trustees may make agreement with the body holding such election for joint boards of election and the payment of fees and expenses of such boards of election on such proportionate basis as may be agreed upon.

(6) At its first meeting following the appointment of the first board of trustees, and at the first regular meeting following any community college trustee election, the board shall organize, and shall elect one (1) of its members chairman, one (1) a vice-chairman; and shall elect a secretary and a treasurer, who may be members of the board; or one (1) person to serve as secretary and treasurer, who may be a member of the board.

(7) The board shall set a given day of a given week in each month as its regular meeting time. Three (3) members of the board shall constitute a quorum for the transaction of official business.

(8) The authority of trustees of community college districts shall be limited in the manner prescribed in section 33-507, Idaho Code.

(9) Any decision of the state board of education issued pursuant to chapter 21, title 33, Idaho Code, may be appealed to the district court of any county in which the district or proposed district lies or shall lie. The pleadings and other papers shall be filed not more than sixty (60) days after notice of the order appealed and service of two (2) copies thereof shall be made upon the state board of education.

History:

[33-2106, added 1963, ch. 363, sec. 6, p. 1037; am. 1973, ch. 10, sec. 1, p. 22; am. 2007, ch. 92, sec. 1, p. 271; am. 2008, ch. 27, sec. 9, p. 50; am. 2009, ch. 341, sec. 50, p. 1026; am. 2011, ch. 145, sec. 1, p. 409; am. 2016, ch. 193, sec. 2, p. 539; am. 2019, ch. 288, sec. 21, p. 843.]
Idaho Code § 33-5008 — Idaho Code / Title 33 / Chapter 50 / Section 33-5008
33-5008 APPLICATION TO EXISTING INSTITUTIONAL FUNDS.
Status: in_force

33-5008. Application to existing institutional funds. This chapter applies to institutional funds existing on or established after July 1, 2007. As applied to institutional funds existing on July 1, 2007, this chapter governs only decisions made or actions taken on or after that date.

History:

[33-5008, added 2007, ch. 173, sec. 2, p. 516.]
Idaho Code § 33-2136 — Idaho Code / Title 33 / Chapter 21 / Section 33-2136
33-2136 STUDENT CENTERS AND STUDENT UNION BUILDINGS.
Status: in_force

33-2136. Student centers and student union buildings. In addition to the powers conferred upon dormitory housing commissions by the other provisions of this chapter, a dormitory housing commission is empowered to acquire, construct, improve, add to, reconstruct, repair, maintain, operate and manage any or all student union buildings and student centers to consist of a building or buildings containing the facilities, equipment and furnishings common to student union buildings and student centers as such buildings and centers exist in the various colleges and universities in the United States, including but without limitation, facilities for the feeding and recreation of students and including all equipment, structures, appurtenances and facilities necessary to supplying such unions and centers with sewer, water, electric, heating, telephone and similar public utility facilities, landscaping, parking space, and streets, roads or alleys necessary for proper ingress and egress. Wherever the words "dormitory project" or "dormitory housing project" appear in this chapter, whether in the singular or plural, they shall be understood to include student union buildings, student centers and facilities as authorized in this section, either singly or in combination with one or more dormitories or similar housing facilities. Wherever the word "dormitory" appears in this chapter, whether singular or plural, it shall be understood to include a student union building or student union center and related facilities as authorized in this section.

History:

[(33-2136) I.C., sec. 33-2142, as added by 1961, ch. 30, sec. 2, p. 40.]
Idaho Code § 33-4304 — Idaho Code / Title 33 / Chapter 43 / Section 33-4304
33-4304 SCHOLARSHIP PROGRAM REPORTING REQUIREMENTS.
Status: in_force

33-4304. scholarship program reporting requirements. All eligible institutions participating in the scholarships and state aid programs shall report student level data on the effectiveness of the program. The data reported shall be established by the state board of education.

History:

33-4304, added 2013, ch. 72, sec. 7, p. 187.]
Idaho Code § 33-5307 — Idaho Code / Title 33 / Chapter 53 / Section 33-5307
33-5307 STATE FINANCIAL ASSISTANCE INTERCEPT MECHANISM — DUTIES OF STATE TREASURER AND ATTORNEY GENERAL — INTEREST AND PENALTY PROVISIONS.
Status: in_force

33-5307. State financial assistance intercept mechanism — duties of State treasurer and attorney general — Interest and penalty provisions.

(1) (a) If one (1) or more payments on bonds are made by the state treasurer as provided in this chapter, the state treasurer shall:

(i) Immediately intercept 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; and

(ii) Apply the intercepted payments to reimburse the state for payments made pursuant to the state's guaranty until all obligations of the school district to the state arising from those payments, including interest and penalties, are paid in full.

(b) 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 subsection.

(2) The school district that issued bonds for which the state has made all or part of a debt service payment shall:

(a) Reimburse all moneys drawn by the state treasurer on its behalf;

(b) Pay interest to the state on all moneys paid by the state from the date the moneys drawn to the date they are repaid at a rate not less than the average prime rate for national money center banks plus one percent (1%); and

(c) Pay all penalties required by this chapter.

(3) (a) The state treasurer shall establish the reimbursement interest rate after considering the circumstances of any prior draws by the school district on the state, market interest and penalty rates, and the cost of funds, if any, that were required to be borrowed by the state to make payments on the bonds.

(b) The state treasurer may, after considering the circumstances giving rise to the failure of the school district to make payment on its bonds in a timely manner, impose on the school district a penalty of not more than five percent (5%) of the amount paid by the state pursuant to its guaranty for each instance in which a payment by the state is made.

(4) (a) (i) If the state treasurer determines that amounts obtained under this section will not reimburse the state in full within one (1) year from the state's payment of a school district's scheduled debt service payment, the state treasurer shall pursue any legal action, including mandamus, against the school district and its board to compel it to:

1. Levy and provide tax revenues to pay debt service on its bonds when due; and

2. Meet its repayment obligations to the state.

(ii) In pursuing its rights under paragraph (a) of this subsection, the state shall have the same substantive and procedural rights as would a holder of the bonds of a school district.

(b) The attorney general shall assist the state treasurer in these duties.

(c) The school district shall pay the attorney's fees, expenses, and costs of the state treasurer and the attorney general.

(5) (a) Except as provided in paragraph (c) of this subsection, any school district whose operating funds were intercepted under this section may replace those funds from other school district moneys or from property taxes, subject to the limitations provided in this subsection.

(b) A school district may use property taxes or other moneys to replace intercepted funds only if the property taxes or other moneys were derived from:

(i) Taxes originally levied to make the payment but which were not timely received by the school district;

(ii) Taxes from a supplemental levy made to make the missed payment or to replace the intercepted moneys;

(iii) Moneys transferred from the undistributed reserve, if any, of the school district; or

(iv) Any other source of money on hand and legally available.

(c) Notwithstanding the provisions of paragraphs (a) and (b) of this subsection, a school district may not replace operating funds intercepted by the state with moneys collected and held to make payments on bonds if that replacement would divert moneys from the payment of future debt service on the bonds and increase the risk that the state's guaranty would be called upon an additional time.

History:

[33-5307, added 1999, ch. 328, sec. 1, p. 844; am. 2009, ch. 185, sec. 4, p. 604.]
Idaho Code § 33-108 — Idaho Code / Title 33 / Chapter 1 / Section 33-108
33-108 PREPARE AND PUBLISH REPORTS.
Status: in_force

33-108. Prepare and publish reports. The state board shall prepare, or cause to be prepared, and publish such reports, statistical tables and studies as may be a contribution to the general educational welfare of the state.

History:

[33-108, added 1963, ch. 13, sec. 8, p. 27.]
Idaho Code § 33-7001 — Idaho Code / Title 33 / Chapter 70 / Section 33-7001
33-7001 LEGISLATIVE INTENT.
Status: in_force

33-7001. legislative intent. The legislature finds that generative artificial intelligence technologies are rapidly reshaping classroom learning, communication, and workforce expectations. It is the intent of the legislature to safeguard student privacy, protect the role of the educator, promote human-centered learning, increase transparency, and prepare Idaho students for success in an economy increasingly influenced by generative artificial intelligence technologies. It is the intent of the legislature that Idaho's public education system ensures the responsible, ethical, safe, and effective use of generative artificial intelligence tools in teaching, learning, and administration.

History:

[33-7001, added 2026, ch. 71, sec. 1, p. 308.]
Idaho Code § 33-1253 — Idaho Code / Title 33 / Chapter 12 / Section 33-1253
33-1253 CHAIRMAN AND VICE-CHAIRMAN — SECRETARY — RULE MAKING.
Status: in_force

33-1253. Chairman and vice-chairman — Secretary — Rule making. At the first meeting of the commission, after the appointment of its members, it shall organize itself and name from among its members a chairman and vice-chairman who shall act in the absence of the chairman; it shall also name a secretary who may or may not be a member. The commission shall from time to time adopt such rules as are necessary to the conduct of its business.

History:

[33-1253, added 1969, ch. 258, sec. 3, p. 794.]
Idaho Code § 33-2138 — Idaho Code / Title 33 / Chapter 21 / Section 33-2138
33-2138 HOUSING COMMISSIONS VALIDATED.
Status: in_force

33-2138. Housing commissions validated. All junior college housing commissions heretofore created or activated under the provisions of this chapter are hereby declared to be validly organized and legally created public bodies and all acts and proceedings heretofore taken in connection with the creation or activation of such commissions and taken by such commissions for the authorization, sale and issuance of the bonds of such commissions for the purpose of acquiring or constructing dormitory, housing or student union building or center projects, any or all, are hereby validated, confirmed and declared to be legally effective.

History:

[(33-2138) I.C., sec. 33-2144, as added by 1961, ch. 30, sec. 4, p. 40.]
Idaho Code § 33-702 — Idaho Code / Title 33 / Chapter 7 / Section 33-702
33-702 SCHOOL WARRANTS — HOW DRAWN.
Status: in_force

33-702. School warrants — How drawn. Whenever the board of trustees has approved and ordered payment of salaries, wages, or other claims against the school district, and the same is not paid by regular bank check, the clerk of the board of trustees shall issue a school district warrant, or order for warrant drawn against the appropriate fund, and shall sign the same.

The clerk of the board of trustees of any elementary school district with less than six (6) teachers within the district shall execute an order for warrant or warrants in duplicate, and present the same to the county auditor of the county, or of the home county, in which the district lies. The county auditor shall thereupon issue his warrant drawn against the school district fund as shown by the order for warrant.

All warrants so issued shall be presented to the treasurer of the school district for payment by the persons holding the same. If there is insufficient money to the credit of the fund on which the warrant is drawn, the treasurer shall endorse on the back of said warrant, "Not paid for want of funds" and hand the same to the person presenting the warrant for payment. Warrants so endorsed by the treasurer shall bear interest at a rate to be specified by the board of trustees of the school district.

Warrants issued by, or in behalf of, any school district shall be paid in the order of their issuance from funds accruing for the year in which they are issued. After all outstanding indebtedness for general school purposes for any one (1) year has been paid, any balance in the general school fund for that year shall be transferred to a warrant redemption fund for payment of any registered warrants. Where there is no outstanding indebtedness for general school purposes, nor any registered warrants, any such balance may be used for the payment of current expenses for the next fiscal year.

History:

[33-702, added 1963, ch. 13, sec. 67, p. 27; am. 1975, ch. 108, sec. 1, p. 220; am. 1978, ch. 103, sec. 4, p. 215; am. 1979, ch. 5, sec. 1, p. 7; am. 1980, ch. 61, sec. 4, p. 120.]
Idaho Code § 33-503 — Idaho Code / Title 33 / Chapter 5 / Section 33-503
33-503 ELECTION OF TRUSTEES — UNIFORM DATE.
Status: in_force

33-503. Election of trustees — Uniform date. (1) The election of school district trustees including those in charter districts shall be on the Tuesday following the first Monday in November in odd-numbered years. Notice and conduct of the election, and the canvassing of the returns, shall be as provided in chapter 14, title 34, Idaho Code. In each trustee zone, the person receiving the greatest number of votes cast within his zone shall be declared by the board of trustees as the trustee elected from that person's zone.

(2) If any two (2) or more persons residing in the same trustee zone have an equal number of votes and a greater number than any other nominee residing in that zone, then the board of trustees shall determine the winner by a toss of a coin.

(3) Incumbent trustees as of the effective date of this act shall have their terms expire on January 1 following the November election of their successors.

History:

[33-503, added 1963, ch. 13, sec. 53, p. 27; am. 1973, ch. 97, sec. 1, p. 166; am. 1975, ch. 181, sec. 1, p. 497; am. 2009, ch. 341, sec. 40, p. 1017; am. 2015, ch. 248, sec. 1, p. 1044; am. 2018, ch. 164, sec. 2, p. 323; am. 2019, ch. 288, sec. 20, p. 843.]
Idaho Code § 33-5403 — Idaho Code / Title 33 / Chapter 54 / Section 33-5403
33-5403 ADMINISTRATION OF THE PROGRAM.
Status: in_force

33-5403. administration of the program. (1) The board shall implement the program through its staff, agreements with one (1) or more financial institutions engaged to act as the program's depositories and managers, or through agreements with any public entity or agency, including depository, investment or management relationships with other 529 plans or entities.

(2) The board shall implement the program and manage any trust established by the board consistent with sound financial principles and to obtain the federal income tax benefits or treatment provided by section 529 of the Internal Revenue Code of 1986, as amended.

(3) Any financial institution engaged by the board shall hold each account in trust for the benefit of this state and the account owner.

(4) The board may delegate to the office of a board member any of its administrative powers and duties, if the board determines that such delegation is necessary for the efficient and effective administration of the program and the board member accepts the delegation. Administrative powers and duties include payroll processing, routine public contacts and public records maintenance. The board member shall be compensated for administrative activities pursuant to section 33-5409, Idaho Code.

History:

[33-5403, added 2000, ch. 213, sec. 1, p. 575; am. 2007, ch. 170, sec. 1, p. 501; am. 2013, ch. 110, sec. 3, p. 261.]
Idaho Code § 33-2215 — Idaho Code / Title 33 / Chapter 22 / Section 33-2215
33-2215 ADDED COST FUNDING SUPPORT PROGRAM.
Status: in_force

33-2215. Added Cost Funding Support Program. (1) The state board of education, in its capacity as the state board for career technical education, shall administer an added cost funding support program for career technical education programs through the division of career technical education. For purposes of this section, "added cost funds" means funds distributed to local education agencies for operating and instructor expenses beyond those normally encountered for secondary-level career technical education programs.

(2) The funding for the added cost funding support program shall consist of moneys appropriated by the legislature to the division of career technical education in the secondary and general programs budget or an equivalent budget within the state department of education.

(3) Added cost funds shall be used only for expenses directly related to an approved career technical education program or a program that has received an Idaho career ready students program grant. The state board for career technical education shall develop the categories of eligibility for added cost funds.

(4) The superintendent of public instruction, in consultation with the division of career technical education, shall develop an updated funding formula for added cost funding to account for programs receiving Idaho career ready students program grants and newly approved programs statewide. The updated formula must be approved by the state board for career technical education.

(5) The division of career technical education shall provide an annual report on added cost funding to the joint finance-appropriations committee and the senate and house of representatives education committees. Additionally, the division shall:

(a) Provide the state board for career technical education a review every three (3) years of programs receiving added cost funding;

(b) Determine the effectiveness of these programs; and

(c) Develop a prioritization of added cost funding.

(6) The state board for career technical education shall monitor the added cost funding support program and determine a method to measure the program's effectiveness.

History:

[33-2215, added 2023, ch. 231, sec. 2, p. 716.]
Idaho Code § 33-1303 — Idaho Code / Title 33 / Chapter 13 / Section 33-1303
33-1303 DEFINITIONS.
Status: in_force

33-1303. Definitions. The following words and phrases used in this chapter are defined as follows:

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

(2) "Bureau" means the Idaho bureau of educational services for the deaf and the blind.

(3) "Deaf" means a person who is not able to process information aurally and whose primary means of communication is visual.

(4) "Deaf-blind" means a person who is deaf or hard of hearing and who also has significant visual impairment or is legally blind.

(5) "Educational interpreter" means a person employed in the Idaho public schools, kindergarten through grade twelve (12), to provide interpreting services to students who are deaf, hard of hearing or deaf-blind.

(6) "Educational interpreter performance assessment" means a statistically valid and reliable assessment tool administered by the boys town national research hospital or its successor organization.

(7) "Hard of hearing" means a person who has a hearing deficit, who is able to process information aurally with or without the use of a hearing aid or other device that enhances the ability of the person to hear, and whose primary means of communication may be visual.

(8) "Interpreter education program" means a postsecondary degree program of at least two (2) years in duration that is accredited by the state board of education or an equivalent program accredited by another state, district or territory or by a professional accreditation body.

(9) "Interpreting" means the process of providing accessible communication between and among persons who are deaf, hard of hearing or deaf-blind, and those who are hearing. The process includes, but is not limited to, communication between American sign language or other form of manual communication and English. The process may also involve various other modalities that involve visual, gestural and tactile methods.

History:

[33-1303, added 2006, ch. 173, sec. 1, p. 532; am. 2010, ch. 191, sec. 1, p. 405.]
Idaho Code § 33-6811 — Idaho Code / Title 33 / Chapter 68 / Section 33-6811
33-6811 SEVERABILITY.
Status: in_force

33-6811. 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:

[33-6811, added 2025, ch. 194, sec. 1, p. 895.]
Idaho Code § 33-1121 — Idaho Code / Title 33 / Chapter 11 / Section 33-1121
33-1121 REFUNDING BONDS AND ADVANCE REFUNDING BONDS.
Status: in_force

33-1121. refunding bonds and Advance refunding bonds. The board of trustees of any school district may issue negotiable bonds for the purpose of refunding any outstanding bonded indebtedness of the district pursuant to the provisions of chapter 5, title 57, Idaho Code, subject to the following additional provisions:

(1) The provisions of section 33-1107, 33-1109, 33-1111, 33-1115, 33-1117, 33-1118 and 33-1120, Idaho Code, shall be applicable to refunding bonds.

(2) No election shall be required for the issuance of refunding bonds provided that the refunding bonds do not create an additional indebtedness. Additional indebtedness shall mean either that the term of the refunding bonds exceeds the term of the bonds to be refunded, except as provided in subsection (4) of this section; or that the total amount of principal and interest to be paid on the refunding bonds exceeds the total of principal and interest to be paid on the bonds to be refunded.

(3) In the case of refunding bonds issued in advance of the date of calling and redeeming such outstanding bonds, the net interest cost of the refunding bonds shall not exceed the net interest cost of the bonds to be refunded.

"Net interest cost" of a proposed issue of refunding bonds is defined as the total amount of interest to accrue on said refunding bonds from their date to their respective maturities, plus the total amount of premiums payable to the holders of said outstanding bonds as a condition to their redemption, less the amount of any premium above their par value at which said refunding bonds are being or have been sold. "Net interest cost" of an outstanding issue, or issues, to be refunded is defined as the total amount of interest which would accrue on said outstanding bonds from the date of the proposed refunding bonds to the respective maturity dates of said outstanding bonds to be refunded. In all cases the net interest cost shall be computed without regard to any option of redemption prior to the designated maturities.

(4) The maturity of the refunding bonds may not exceed the term of the outstanding bonds except in cases where an extension, not to exceed sixty (60) days and in the same fiscal year shall be needed to enable the refunding bonds to comply with the requirements of the Idaho school bond guaranty act and the provisions of section 33-5306, Idaho Code.

History:

[33-1121, added 1965, ch. 224, sec. 1, p. 512; am. 2005, ch. 392, sec. 1, p. 1317; am. 2013, ch. 183, sec. 7, p. 439.]
Idaho Code § 33-3801 — Idaho Code / Title 33 / Chapter 38 / Section 33-3801
33-3801 SHORT TITLE.
Status: in_force

33-3801. Short title. This act may be cited as "The Educational Institutions Act of 1935."

History:

[33-3801, added 1935 (1st E.S.), ch. 55, sec. 1, p. 145.]
Idaho Code § 33-1101 — Idaho Code / Title 33 / Chapter 11 / Section 33-1101
33-1101 EXISTING ISSUES UNIMPAIRED.
Status: in_force

33-1101. Existing issues unimpaired. Bonds, heretofore issued on any plan, shall not be impaired or disturbed by this act, but until satisfied in full or refunded, bonds shall be entitled to all the support of the law existing at the time the issue was made and of such law as became subsequently available to the support of said issues.

Nor shall this act disturb or impair or invalidate any bond proceedings which have been completed to the point of bond election having been held by the time this act becomes effective.

History:

[33-1101, added 1963, ch. 13, sec. 98, p. 27.]
Idaho Code § 33-2306 — Idaho Code / Title 33 / Chapter 23 / Section 33-2306
33-2306 REPORT OF STATE BOARD.
Status: in_force

33-2306. Report of state board. The state board for career technical education shall make annually to the governor and legislature a report of all moneys expended for the vocational rehabilitation of persons with disabilities, other than those who are legally blind, both from state and federal funds, and shall include such annual report in the annual report of the state board of education.

History:

[(33-2306) 1921, ch. 44, sec. 6, p. 70; I.C.A., sec. 32-1806; am. 1976, ch. 9, sec. 3, p. 26; am. 1994, ch. 46, sec. 6, p. 76; am. 1999, ch. 329, sec. 17, p. 861; am. 2016, ch. 25, sec. 23, p. 48.]
Idaho Code § 33-3716 — Idaho Code / Title 33 / Chapter 37 / Section 33-3716
33-3716 UNLAWFUL CONDUCT — PENALTY.
Status: in_force

33-3716. Unlawful conduct — Penalty. (1) No person shall, on the campus of any community college, junior college, college, or university in this state, hereinafter referred to as "institutions of higher education," or at or in any building or other facility owned, operated, or controlled by the governing board of any such institution of higher education, willfully deny to students, school officials, employees, and invitees:

(a) lawful freedom of movement on the campus;

(b) lawful use of property, facilities, or parts of any institution of higher education; or

(c) the right of lawful ingress and egress to the institution's physical facilities.

(2) No person shall, on the campus of any institution of higher education, or at or in any building or other facility owned, operated, or controlled by the governing board of any such institution, willfully impede the staff or faculty of such institution in the lawful performance of their duties, or willfully impede a student of such institution in the lawful pursuit of his educational activities, through the use of restraint, abduction, coercion, or intimidation, or when force and violence are present or threatened.

(3) No person shall willfully refuse or fail to leave the property of, or any building or other facility owned, operated, or controlled by the governing board of any such institution of higher education upon being requested to do so by the chief administrative officer, his designee charged with maintaining order on the campus and in its facilities, or a dean of such college or university, if such person is committing, threatens to commit, or incites others to commit, any act which would disrupt, impair, interfere with, or obstruct the lawful missions, processes, procedures, or functions of the institution.

(4) Nothing in this section shall be construed to prevent lawful assembly and peaceful and orderly petition for the redress of grievances, including any labor dispute between an institution of higher education and its employees.

(5) Any person who violates any of the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed five hundred dollars ($500), or imprisoned in the county jail for a period not to exceed one (1) year, or by both such fine and imprisonment.

History:

[33-3716, added 1969, ch. 223, sec. 2, p. 729.]
Idaho Code § 33-1811 — Idaho Code / Title 33 / Chapter 18 / Section 33-1811
33-1811 DYSLEXIA.
Status: in_force

33-1811. dyslexia. (1) The state department of education shall identify reliable, valid, evidence-based screening tools and intervention practices to evaluate the literacy skills of students enrolled in kindergarten through grade 5 for characteristics of dyslexia and shall provide professional development in multisensory-structured literacy approaches.

(2) Starting in the 2022-2023 school year, and each year thereafter, the state department of education will administer a statewide tier 1 dyslexia screening measure for identifying students with characteristics of dyslexia in kindergarten through grade 3. The fall administration of the statewide reading assessment shall be used as the tier 1 screening measure for students in kindergarten through grade 3, except as provided in section 33-1618, Idaho Code. The state department of education shall support local education agencies in implementing tier 1 screeners for students in grades 4 and 5. A local education agency must administer a tier 2 dyslexia diagnostic measure to students in kindergarten through grade 5 who have been identified as having characteristics of dyslexia based on the tier 1 screening measure or who have been identified by their classroom teacher or at the request of the student's parent or guardian. All parents or guardians of students identified with characteristics of dyslexia shall be notified and provided with the local education agency's options for school interventions.

(3) Local education agencies shall provide evidence-based interventions in alignment with the Idaho comprehensive literacy plan and the state dyslexia handbook for any students identified with characteristics of dyslexia. The state department of education will provide technical assistance by:

(a) Providing local education agencies with guidance and resources for general education teachers and school teams to identify characteristics of dyslexia and to provide intervention and remediation to students;

(b) Identifying reliable, valid, and evidence-based tools and multisensory-structured literacy approaches for students in kindergarten through grade 5 that have been identified with characteristics of dyslexia;

(c) Identifying reliable, valid, and evidence-based tier 2 screening and diagnostic measures for use by local education agencies; and

(d) Developing reporting mechanisms for local education agencies to submit information and required data as determined by the state board of education for evaluating the effectiveness of the intervention programs.

(4) The state department of education shall maintain a list of courses that fulfill the professional development requirements prescribed in this section. The list may consist of online or classroom learning models. Each identified course must align with the Idaho comprehensive literacy plan and the state dyslexia handbook. Such courses must be multisensory-structured literacy professional development for teachers in evidence-based dyslexia screening and intervention practices for identifying characteristics of dyslexia and understanding the pedagogy for instructing students with dyslexia.

(a) No later than the beginning of the 2023-2024 school year, each instructional staff member and instructional coach employed by a local education agency involved in the instruction of students in kindergarten through grade 5, including those providing special education instruction, shall be required to have received professional development specific to providing instruction and intervention to students with characteristics of dyslexia.

(b) No later than the beginning of the 2023-2024 school year, all teachers, administrators and school counselors with an instructional certificate in grades 6 through 12 shall be required to have received professional development on the characteristics of dyslexia.

(c) No later than the beginning of the 2025-2026 school year, all Idaho teachers or administrators with an all subjects (K-8) endorsement, exceptional child generalist endorsement, blended early childhood/early childhood special education endorsement, administrator certificate, or school counselor certificate serving students in kindergarten through grade 5 will be required to earn one (1) or more credits of professional development identifying characteristics of dyslexia and understanding the pedagogy for instructing students with dyslexia and providing dyslexia-focused interventions to recertify.

History:

[33-1811, added 2022, ch. 169, sec. 2, p. 562; am. 2024, ch. 29, sec. 2, p. 222.]
Idaho Code § 33-201 — Idaho Code / Title 33 / Chapter 2 / Section 33-201
33-201 SCHOOL AGE.
Status: in_force

33-201. School age. The services of the public schools of this state are extended to any acceptable person of school age. "School age" is defined as including all persons resident of the state, between the ages of five (5) and twenty-one (21) years. For the purposes of this section, the age of five (5) years shall be attained when the fifth anniversary of birth occurs on or before the first day of September of the school year in which the child is to enroll in kindergarten. For a child enrolling in the first grade, the age of six (6) years must be reached on or before the first day of September of the school year in which the child is to enroll. Any child of the age of five (5) years who has completed a private or public out-of-state kindergarten for the required four hundred fifty (450) hours but has not reached the "school age" requirement in Idaho shall be allowed to enter the first grade.

For resident children with disabilities who qualify for special education and related services under the federal individuals with disabilities education act (IDEA) and subsequent amendments thereto, and applicable state and federal regulations, "school age" shall begin at the attainment of age three (3) and shall continue through the semester of school in which the student attains the age of twenty-one (21) years.

History:

[33-201, added 1963, ch. 13, sec. 24, p. 27; am. 1975, ch. 42, sec. 3, p. 73; am. 1988, ch. 290, sec. 1, p. 928; am. 1989, ch. 126, sec. 1, p. 277; am. 1993, ch. 121, sec. 1, p. 311; am. 1996, ch. 311, sec. 1, p. 1019; am. 1998, ch. 23, sec. 1, p. 138.]
Idaho Code § 33-2003 — Idaho Code / Title 33 / Chapter 20 / Section 33-2003
33-2003 RESPONSIBILITY OF SCHOOL DISTRICTS FOR EDUCATION OF GIFTED/TALENTED CHILDREN.
Status: in_force

33-2003. Responsibility of school districts for education of gifted/talented children. Each public school district is responsible for and shall provide for the special instructional needs of gifted/talented children enrolled therein.

Public school districts in the state shall provide instruction and training for children between the ages of five (5) years and eighteen (18) years who are gifted/talented 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 and assist school districts in developing a variety of flexible approaches for instruction and training that may include administrative accommodations, curriculum modification and special programs.

History:

[33-2003, added 1991, ch. 323, sec. 5, p. 840; am. 1993, ch. 409, sec. 1, p. 1501.]
Idaho Code § 33-3402 — Idaho Code / Title 33 / Chapter 34 / Section 33-3402
33-3402 DEFINITIONS.
Status: in_force

33-3402. DEFINITIONS. As used in this chapter:

(1) "Blind or visually impaired" means impacted by an impairment in vision that, even with correction, adversely affects a child's educational performance. The term includes both partial sight and blindness.

(2) "Board of directors," also referred to in this chapter as "the board," means the board of directors of the Idaho bureau of educational services for the deaf and the blind as such board is established in section 33-3404, Idaho Code.

(3) "Bureau" means the Idaho bureau of educational services for the deaf and the blind as created in section 33-3403, Idaho Code.

(4) "Deaf or hard of hearing" means impacted by a loss of hearing, whether permanent or fluctuating, that adversely affects a child's educational performance, or impacted by a hearing loss that is so severe that the child is not able to process linguistic information through hearing, with or without amplification, that adversely affects a child's educational performance.

(5) "Idaho school for the deaf and the blind" means the campus program used to provide residential and day campus instruction and services to deaf or hard of hearing and/or blind or visually impaired students.

(6) "Outreach services" means off-campus statewide supplemental services provided by the Idaho bureau of educational services for the deaf and the blind to school districts, students and families.

(7) "Sensory impairment" means an impairment of vision or hearing, or both.

(8) "Specialized/certified personnel" means all personnel nationally certified and/or certified by the state of Idaho as required by applicable law to provide services and instruction to students who are deaf or hard of hearing and/or blind or visually impaired, including, but not limited to, certified teachers of the deaf, certified teachers of the visually impaired, certified interpreters, certified orientation and mobility specialists, speech language pathologists, and certified low vision therapists.

(9) "State board" means the Idaho state board of education.

(10) "Student" means an individual who is deaf or hard of hearing and/or blind or visually impaired and who qualifies for educational services as provided for in this chapter pursuant to eligibility criteria set forth in the Idaho standards for infants, toddlers, children, and youth who are deaf or hard of hearing as incorporated by reference in IDAPA 08.02.03.004.08 or are blind or visually impaired as incorporated by reference in IDAPA 08.02.03.004.09, in effect on January 1, 2009.

(11) "Supplemental services" means services provided to deaf or hard of hearing and/or blind or visually impaired students and their families, in addition to and in support of services the student may receive from his or her school district. Such services may include assessment, consultation and direct instruction.

History:

[33-3402, added 2009, ch. 168, sec. 4, p. 504; am. 2010, ch. 191, sec. 3, p. 407; am. 2020, ch. 12, sec. 3, p. 23.]
Idaho Code § 33-6603 — Idaho Code / Title 33 / Chapter 66 / Section 33-6603
33-6603 PUBLIC PRAYER.
Status: in_force

33-6603. public prayer. (1) This section applies to public college administrators, public school districts, and charter schools.

(2) Pursuant to the free exercise clause of the first amendment to the United States constitution and section 4, article I of the constitution of the state of Idaho, an employee of a public college, school district, or charter school may pray at any time he is otherwise free to engage in personal conversations or other personal conduct.

(3) No public college, public school district, or charter school may punish or otherwise take adverse action or discriminate against any other person for refusing to participate in a prayer described in subsection (2) of this section. A student or the parent of a student who can demonstrate under the preponderance of the evidence standard that the student was punished or discriminated against by an employee for refusing to participate in a prayer as described in subsection (2) of this section has standing under this section to pursue a civil action in a court of competent jurisdiction and the student may seek attorney's fees, costs, injunctive relief, declaratory relief, and other forms of relief deemed appropriate by the court.

(4) If a school district or public college administrator prohibits or takes adverse action against an employee for engaging in the activity described in subsection (2) of this section, the employee may pursue a civil cause of action in a court of competent jurisdiction under this section and may seek attorney's fees, costs, injunctive relief, declaratory relief, and other forms of relief deemed appropriate by the court.

(5) If a court finds that a cause of action brought by an employee under subsection (4) of this section or by a student or his parent under subsection (3) of this section was maliciously filed or initiated for ulterior purposes against a defendant, then the court may award costs and attorney's fees to a defendant under this section for abuse of process.

(6) A civil action brought in federal district court for a similar violation described in this section under 42 U.S.C. 1983 may find that it has supplemental jurisdiction over a cause of action contemporaneously brought under this section.

(7) Nothing in this section shall be construed to in any way limit the free exercise of religion.

History:

[33-6603, added 2023, ch. 239, sec. 1, p. 738.]
Idaho Code § 33-1704 — Idaho Code / Title 33 / Chapter 17 / Section 33-1704
33-1704 AUTHORIZATION TO OPERATE PROGRAM.
Status: in_force

33-1704. Authorization to operate program. The board of trustees of any school district proposing to establish an authorized driver training program shall, as a condition of reimbursement for costs incurred in the driver training program, not less than thirty (30) days prior to the proposed commencement thereof, submit to the state department of education the plan therefor. The state department shall approve or disapprove such plan within ten (10) days after receipt from the district of the proposal, and shall give written notice of its decision to said board of trustees. Any school district which operates any driver training program without prior written approval from the state department of education shall not be entitled to reimbursement, as provided in section 33-1707, Idaho Code, for the unapproved plan, or the unapproved portions of any plan.

History:

[33-1704, added 1963, ch. 13, sec. 168, p. 27; am. 1972, ch. 15, sec. 1, p. 19; am. 1985, ch. 107, sec. 16, p. 209.]
Idaho Code § 33-2721 — Idaho Code / Title 33 / Chapter 27 / Section 33-2721
33-2721 LIBRARY DIRECTOR — DIRECTOR TEAM — EMPLOYEES.
Status: in_force

33-2721. Library director — Director team — Employees. (1) Except for an administrative only district, the board of trustees of each library district shall appoint a library director or director team who shall administer the library district. The director or one (1) member of the director team assigned by the board shall serve as the secretary for the board without voting rights. The library director or director team shall advise the board, implement policy set by the board, and shall acquire library materials, equipment and supplies. The director or director team shall attend all executive sessions of the board of trustees, except those called to consider the evaluation, dismissal, or disciplining, or to hear complaints or charges against the library director or director team member. No library director or director team member shall be an employee or board member of a library or other agency with which the district has a contract to provide library services.

(2) The board shall fix and pay employee salaries and compensation, classify employees, adopt personnel policies, and discipline or discharge any library director or director team member for cause. The library director or director team shall hire or oversee the hiring of all other employees based on the policies, procedures, and job descriptions created by the library board, and shall discipline and discharge any employee for cause, as necessary, according to the written policies of the board.

History:

[(33-2721) 1963, ch. 188, sec. 13, p. 568; am. and redesignated 1989, ch. 132, sec. 16, p. 295; am. 1996, ch. 71, sec. 24, p. 231; am. 2002, ch. 312, sec. 7, p. 890.]
Idaho Code § 33-802B — Idaho Code / Title 33 / Chapter 8 / Section 33-802B
33-802B DISCLOSURES IN ELECTIONS TO AUTHORIZE SUPPLEMENTAL LEVY.
Status: in_force

33-802B. disclosures in elections to authorize supplemental levy. (1) At an election to authorize a levy pursuant to section 33-802(3) or (5), Idaho Code, the ballot shall include a disclosure, separate from the ballot question, of the purposes for which the levy revenues will be used. The disclosure shall:

(a) Be set forth in simple, understandable language;

(b) Include a detailed description of the purposes for which the levy revenues will be used and the approximate amount of levy funds to be allocated for each purpose, such that school district electors have fair notice of the specific items the levy revenues shall support; and

(c) Be placed immediately above the ballot question on the ballot.

(2) In order to be binding, a ballot question to authorize a levy pursuant to section 33-802(3) or (5), Idaho Code, must be accompanied by the disclosure described in subsection (1) of this section, as well as any other disclosure or information required by law.

(3) Upon a determination by a court pursuant to section 34-2001A, Idaho Code, that a school district failed to comply with the provisions of this section, the court must declare the outcome of the ballot question invalid and award court costs and fees to the prevailing party.

History:

[33-802B, added 2022, ch. 235, sec. 2, p. 763.]
Idaho Code § 33-4004 — Idaho Code / Title 33 / Chapter 40 / Section 33-4004
33-4004 ASSUMPTION OF CONSTRUCTION BONDS BY STATE BOARD OF EDUCATION.
Status: in_force

33-4004. Assumption of construction bonds by state board of education. On or after January 1, 1969, Boise Junior College Housing Commission and the state board of education shall negotiate and agree with third persons holding revenue bonds issued by Boise Junior College Housing Commission for the construction of dormitory, residence and student union facilities for the assumption of said bonds by the state board of education in such manner as may be agreeable and lawful. The state board of education is hereby authorized, if required to effectuate this act, to issue its bonds for the refunding of the bonds of Boise Junior College Housing Commission issued prior to January 1, 1969, in the same manner that it may refund bonds issued by it as provided in the Educational Institutions Act of 1935, being Chapter 38 of Title 33, Idaho Code.

History:

[33-4004, added 1967, ch. 369, sec. 4, p. 1062.]
Idaho Code § 33-107 — Idaho Code / Title 33 / Chapter 1 / Section 33-107
33-107 GENERAL POWERS AND DUTIES OF THE STATE BOARD.
Status: in_force

33-107. General powers and duties of the state board. The state board shall have power to:

(1) Perform all duties prescribed for it by the school laws of the state;

(2) Acquire, hold and dispose of title, rights and interests in real and personal property;

(3) Have general supervision, through its executive departments and offices, of all entities of public education supported in whole or in part by state funds;

(4) (a) Delegate to its executive secretary, to its executive officer, or to such other administrators as the board may appoint, such powers as said officers require to carry out and administer the policies, orders and directives of the board;

(b) Delegate to its executive officer, if necessary to enhance effectiveness and efficiency, such powers as he requires to exercise discretionary authority and to perform duties vested in the state board related to the operation, control and management of Idaho's state universities and colleges and other agencies under the supervision and governance of the state board, and to perform duties and render decisions prescribed to the state board involving the exercise of judgment and discretion that affect the public schools in Idaho;

(c) Delegate to the presidents of Idaho's state universities and colleges, if necessary to enhance effectiveness and efficiency, such powers as said officers require to exercise discretionary authority and to perform duties vested in the state board related to the operation, control and management of Idaho's state universities and colleges;

(d) Delegate to its executive secretary, the superintendent of public instruction, if necessary to enhance effectiveness and efficiency, such powers as he requires to perform duties and render decisions prescribed to the state board involving the exercise of judgment and discretion that affect the public schools in Idaho;

(e) Delegations of powers under this subsection must be adopted as statements of agency action by the state board, as provided in section 33-105(2), Idaho Code, and pursuant to a process that provides for notice, opportunity for input and formal adoption by the state board;

(5) Through its executive departments and offices:

(a) Enforce the school laws of the state,

(b) Study the educational conditions and needs of the state and recommend to the legislature needed changes in existing laws or additional legislation;

(6) In addition to the powers conferred by chapter 24, title 33, Idaho Code:

(a) Maintain a register of postsecondary educational institutions approved to provide programs and courses that lead to a degree or which provide, offer and sell degrees in accordance with the procedures established in chapter 24, title 33, Idaho Code,

(b) Determine whether to accept academic credit at public postsecondary educational institutions in Idaho. Academic credit shall not be transferred into any Idaho public postsecondary institution from a postsecondary educational institution or other entity that is not accredited by an organization recognized by the board,

(c) Maintain a register of proprietary schools approved to conduct, provide, offer or sell a course or courses of study in accordance with the procedures established in chapter 24, title 33, Idaho Code;

(7) Prescribe the courses and programs of study to be offered at the public institutions of higher education, after consultation with the presidents of the affected institutions;

(8) Approve new courses and programs of study to be offered at community colleges organized pursuant to chapter 21, title 33, Idaho Code, when the courses or programs of study are academic in nature and the credits derived therefrom are intended to be transferable to other state institutions of higher education for credit toward a baccalaureate degree, and when the courses or programs of study have been authorized by the board of trustees of the community college.

History:

[33-107, added 1963, ch. 13, sec. 7, p. 27; am. 1970, ch. 79, sec. 1, p. 195; am. 1974, ch. 10, sec. 5, p. 49; am. 1977, ch. 53, sec. 1, p. 103; am. 1983, ch. 155, sec. 2, p. 431; am. 1986, ch. 31, sec. 1, p. 101; am. 1987, ch. 48, sec. 1, p. 76; am. 1993, ch. 57, sec. 1, p. 154; am. 1997, ch. 188, sec. 1, p. 512; am. 1999, ch. 339, sec. 2, p. 919; am. 2006, ch. 240, sec. 1, p. 725; am. 2010, ch. 128, sec. 1, p. 274.]
Idaho Code § 33-1210 — Idaho Code / Title 33 / Chapter 12 / Section 33-1210
33-1210 INFORMATION ON PAST JOB PERFORMANCE.
Status: in_force

33-1210. information on past job performance. (1) As used in this section:

(a) "Applicant" means an applicant for employment in a certificated or noncertificated position who is currently or was previously employed by a school district.

(b) "Employer" means a school district employer.

(2) Before hiring an applicant, a school district shall request the applicant to sign a statement:

(a) Authorizing the applicant's current and past employers, including employers outside of the state of Idaho, to release to the hiring school district all information relating to the job performance and/or job related conduct, if any, of the applicant and making available to the hiring school district copies of all documents in the previous employer's personnel files established pursuant to sections 33-517 or 33-518, Idaho Code, or investigative or other files, regardless of whether or not the employee has received notice of the existence of such documentation due to a voluntary separation from employment or the employee's refusal to sign such documents, relating to the job performance by the applicant. Upon separation of employment, all documents from any other file, including an investigative file, shall be moved into the personnel file. The requirement to submit investigative files to the personnel file shall not be construed to be a waiver of the attorney client privilege. Names of any student, fellow employee or complainant, other than the employee's administrative supervisor or administrative author shall be redacted from investigative file documents prior to placement in the personnel file. The former employee shall be provided a copy of the documents and written notice of the inclusion of the information in the personnel file to the former employee's last known address. The former employee shall be permitted the opportunity to file a rebuttal to the new documents placed into the personnel file. If an ongoing personnel investigation was taking place, the contents of the district's investigative file shall be forwarded to the professional standards commission when the district submits the report required pursuant to section 33-1208A, Idaho Code.

(b) Documentation related to the job performance or job related conduct of any employee/applicant is defined as and may be limited by the producing district to include: all annual evaluations, letters of reprimand, letters of direction, letters of commendation or award, disciplinary actions and documentation of disciplinary investigations, recommendations for probation, notices of probation, notices of removal from probation, recommendations for termination or nonrenewal, notices of termination or nonrenewal, notices from the professional standards commission of Idaho or any other such similar state agency of action taken against an individual's certificate and any rebuttal documentation filed by the employee relative to any of the above documents. Names of any student or fellow employee complainant, other than the employee's administrative evaluator or administrative author of communication to the employee, shall be redacted from such provided documentation.

(c) Releasing the applicant's current and past employers, and employees acting on behalf of that employer, from any liability for providing information described in paragraph (a) of this subsection, as provided in subsection (4) of this section.

(3) Before hiring an applicant, a school district shall request in writing, electronic or otherwise, the applicant's current and past public school employers, including out-of-state employers, to provide the information described in subsection (2)(a) of this section, if any. The request shall include a copy of the statement signed by the applicant under subsection (2) of this section.

(4) Not later than twenty (20) business days after receiving a request under subsection (3) of this section, a school district within Idaho shall provide the information requested and make available to the requesting school district copies of all documents in the applicant's personnel record relating to job performance. The school district, or an employee acting on behalf of the school district, who in good faith discloses information under this section either in writing, printed material, electronic material or orally is immune from civil liability for the disclosure. An employer is presumed to be acting in good faith at the time of the disclosure under this section unless the evidence establishes one (1) or more of the following: (a) that the employer knew the information disclosed was false or misleading; (b) that the employer disclosed the information with reckless disregard for the truth; or (c) that the disclosure was specifically prohibited by a state or federal statute.

(5) A hiring district shall request from the office of the superintendent of public instruction verification of certification status, any past or pending violations of the professional code of ethics, any detail as to any prior or pending conditions placed upon a certificate holder's certificate, any prior or pending revocation, suspension or the existence of any prior letters of reprimand and information relating to job performance as established by the provisions of subsection (11) of this section, if any, for applicants for certificated employment.

(6) A school district shall not hire an applicant who does not sign the statement described in subsection (2) of this section.

(7) School districts may employ applicants on a noncontracted provisional basis pursuant to the provisions of this section. Once the prior employer personnel performance materials have arrived for an individual provisionally hired, the district must review the documents within thirty (30) days of receipt. A standard certificated contract shall automatically be issued at the end of the thirty (30) day review period unless, prior to the expiration of the thirty (30) day period, the board articulates in writing the specific information received pursuant to subsection (2)(a) of this section, which justifies the decision not to issue a standard contract. The reason articulated in this decision must derive only from the documents received in the personnel file and cannot be based upon any event that has occurred during the status as a noncontracted provisional certified professional employee. Prior to issuing a standard certificated contract or prior to the decision not to issue a standard certificated contract, or upon the expiration of the thirty (30) day period, an individual employed as a noncontracted provisional certificated professional employee shall be provided with the same compensation and benefits as if the employee had been employed on a standard certificated contract. When requests are sent to out-of-state employers under subsection (3) of this section, an applicant who has signed the statement described in subsection (2) of this section shall not be prevented from gaining employment in Idaho public schools if the laws or policies of that other state prevent documents from being made available to Idaho school districts or if the out-of-state school district fails or refuses to cooperate with the request.

(a) If no documentation is going to be forthcoming from an out-of-state employer, the Idaho district may initially employ the applicant on a standard contract and not utilize the conditional basis employment.

(b) For new employees with no prior public school work experience or for applicants whose out-of-state former employers will not release documentation pursuant to this statute, the district board shall develop a policy to confirm prior work experience and check references.

(8) Information received pursuant to this section shall be used by a school district only for the purpose of evaluating an applicant's qualifications for employment in the position for which he or she has applied. Except as otherwise provided by law, a board member or employee of a school district shall not disclose the information to any person, other than the applicant, who is not directly involved in the process of evaluating the applicant's qualifications for employment. A person who violates the provisions of this subsection may be civilly liable for damages caused by such violation.

(9) Beginning September 1, 2011, the board or an official of a school district shall not enter into any resignation agreement, severance agreement, or any other contract or agreement that has the effect of suppressing information about negative job performance by a present or former employee or of expunging information about that performance or unethical conduct from any documents in the previous employer's personnel, investigative or other files relating to job performance by the applicant. Any provision of a contract or agreement that is contrary to this subsection is void and unenforceable. This subsection does not restrict the expungement from a personnel file of information about alleged verbal or physical abuse or sexual misconduct that has not been substantiated.

(10) This section does not prevent a school district from requesting or requiring an applicant to provide information other than that described in this section.

(11) By September 1, 2012, the state board of education has the authority to and shall adopt rules defining job standards performance and "verbal abuse," "physical abuse," "sexual misconduct" and "unethical conduct" as defined in the code of ethics for Idaho professional educators for application to all certificated and noncertificated employees. The definitions of job standards performance, verbal and physical abuse and sexual misconduct adopted by the state board of education must include the requirement that the school district has made a determination that there is sufficient information to conclude that the abuse or unethical conduct occurred and that the abuse or unethical conduct resulted in the employee's leaving his or her position at the school district.

History:

[33-1210, added 2011, ch. 246, sec. 3, p. 666; am. 2012, ch. 210, sec. 2, p. 568.]
Idaho Code § 33-3401 — Idaho Code / Title 33 / Chapter 34 / Section 33-3401
33-3401 SHORT TITLE.
Status: in_force

33-3401. short title. This chapter shall be known and may be cited as the "Idaho Bureau of Educational Services for the Deaf and the Blind Act of 2009."

History:

[33-3401, added 2009, ch. 168, sec. 4, p. 504.]
Idaho Code § 33-3812 — Idaho Code / Title 33 / Chapter 38 / Section 33-3812
33-3812 SEPARABILITY.
Status: in_force

33-3812. Separability. If any provision of sections 33-3801—33-3813, or the application thereof to any person, body or circumstances shall be held invalid, the remainder of the act and the application of such provision to persons, bodies, or circumstances other than those as to which it shall have been held invalid shall not be affected thereby.

History:

[33-3812, added 1935 (1st E.S.), ch. 55, sec. 12, p. 145.]
Idaho Code § 33-522A — Idaho Code / Title 33 / Chapter 5 / Section 33-522A
33-522A REDUCTION IN FORCE DEFINED.
Status: in_force

33-522A. reduction in force defined. (1) A reduction in force may occur when there are:

(a) Curriculum or program changes;

(b) Negative changes in the financial conditions of the school district;

(c) Decreases in student enrollment, including overall, by program, by grade or by school; or

(d) Staffing or highly qualified teacher limitations of the district.

(2) For purposes of title 33, "reduction in force" means the elimination of a certificated staff position or positions or a portion or percentage of a position or positions, when there is one (1) or more of the following:

(a) The elimination of an entire program or portions of a program;

(b) The elimination of positions in certain grade levels only;

(c) The elimination of a position by category; or

(d) The elimination of a position in an overall review of the district.

(3) (a) The decision to institute a reduction in force and the selection of an employee or employees subject to such reduction shall be at the sole discretion of the board of trustees, except for the following limitation: The decision as to which employee or employees shall be subject to such reduction shall not be made solely on consideration of employee seniority or contract status.

(b) Each school district may adopt a policy establishing an equitable method of recalling individuals subject to a reduction in force if positions become available subsequent to the reduction in force.

History:

[33-522A, added 2015, ch. 249, sec. 1, p. 1045.]
Idaho Code § 33-5401 — Idaho Code / Title 33 / Chapter 54 / Section 33-5401
33-5401 DEFINITIONS.
Status: in_force

33-5401. Definitions. As used in this chapter, the following terms have the following meanings unless the context clearly denotes otherwise:

(1) "Account" means an individual trust account or savings account established as prescribed in this chapter.

(2) "Account owner" means the person or state or local government organization designated in the agreement governing the account as having the right to withdraw moneys from the account before the account is disbursed to or for the benefit of the designated beneficiary.

(3) "Board" means the state college savings program board created in section 33-5402, Idaho Code.

(4) "Designated beneficiary," except as provided in section 33-5404, Idaho Code, means, with respect to an account, the individual designated at the time the account is opened as the individual whose higher education expenses are expected to be paid from the account or, if this designated beneficiary is replaced in accordance with section 33-5404, Idaho Code, the replacement beneficiary.

(5) "Eligible educational institution" shall have the meaning provided in 26 U.S.C. 529.

(6) "Financial institution" means any state bank, national bank, savings bank, savings and loan association, credit union, insurance company, brokerage firm, trust company, mutual fund, investment firm or other similar entity that is authorized to do business in this state.

(7) "Member of the family" shall have the meaning as provided in 26 U.S.C. 529.

(8) "Nonqualified withdrawal" means a withdrawal from an account that is subject to additional tax arising from the withdrawal under the Internal Revenue Code, as defined in section 63-3004, Idaho Code. For the purpose of section 63-3022(o), Idaho Code, the amount of a nonqualified withdrawal from an account means the entire amount of the withdrawal, less any portion of the withdrawal that is a qualified withdrawal.

(9) "Person" means an individual, a trust, an estate, a partnership, an association, a foundation, a guardianship, a corporation, or a custodian under the Idaho uniform transfers to minors act.

(10) "Program" means one (1) or more college savings programs established under this chapter.

(11) "Qualified higher education expenses" shall have the meaning provided in 26 U.S.C. 529.

(12) "Qualified withdrawal" means a withdrawal from an account used for qualified higher education expenses of the designated beneficiary of the account, but only if the withdrawal is made in accordance with this chapter.

History:

[33-5401, added 2000, ch. 213, sec. 1, p. 573; am. 2002, ch. 50, sec. 1, p. 113; am. 2003, ch. 5, sec. 1, p. 10; am. 2008, ch. 275, sec. 1, p. 783; am. 2013, ch. 110, sec. 1, p. 260; am. 2018, ch. 46, sec. 7, p. 117; am. 2020, ch. 245, sec. 1, p. 716.]
Idaho Code § 33-2403 — Idaho Code / Title 33 / Chapter 24 / Section 33-2403
33-2403 REGISTRATION OF PROPRIETARY SCHOOLS.
Status: in_force

33-2403. Registration of proprietary schools. (1) Unless exempted as provided in subsection (4) of this section, each proprietary school which maintains a presence within the state of Idaho, or which operates or purports to operate from a location within the state of Idaho, shall register annually with and hold a valid certificate of registration issued by the director.

(2) The board shall prescribe by rule the procedure for registration, which shall include, but is not limited to, a description of each course or courses of study, for academic credit or otherwise, that a proprietary school intends to conduct, provide, offer or sell.

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

(4) The following individuals or entities are specifically exempt from the registration provisions required by this section:

(a) An individual or entity that offers instruction or training solely avocational or recreational in nature, as determined by the board.

(b) An individual or entity that offers courses recognized by the board which comply in whole or in part with the compulsory education law.

(c) An individual or entity that offers a course or courses of study sponsored by an employer for the training and preparation of its own employees, and for which no tuition fee is charged to the student.

(d) An individual or entity that conducts or engages in activities that would otherwise require registration under chapter 24, title 33, Idaho Code, if another state agency, commission or board regulates such activities pursuant to title 54, Idaho Code.

(e) An individual or entity that offers intensive review courses designed to prepare students for certified public accountancy tests, public accountancy tests, law school aptitude tests, bar examinations or medical college admissions tests, or similar instruction for test preparation.

(f) An individual or entity offering only workshops or seminars lasting no longer than three (3) calendar days and offered no more than four (4) times per year.

(g) A parochial or denominational institution providing instruction or training relating solely to religion and for which degrees are not granted.

(h) An individual or entity that offers postsecondary credit through a consortium of public and private colleges and universities under the auspices of the western governors.

(i) An individual that offers flight instruction and that accepts payment for services for such training on a per-flight basis after the training occurs, or that accepts advance payment or a deposit for such training in a de minimus amount, as established by the board in rule.

(j) An individual or entity that offers a program, school or course related to the instruction or practice of yoga.

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

History:

[33-2403, added 2006, ch. 240, sec. 6, p. 728; am. 2009, ch. 26, sec. 4, p. 75; am. 2011, ch. 159, sec. 3, p. 448; am. 2017, ch. 127, sec. 1, p. 297.]
Idaho Code § 33-520 — Idaho Code / Title 33 / Chapter 5 / Section 33-520
33-520 POLICY GOVERNING MEDICAL INHALERS, EPINEPHRINE DELIVERY SYSTEMS, INSULIN AND BLOOD GLUCOSE MONITORING SUPPLIES.
Status: in_force

33-520. Policy governing medical inhalers, epinephrine delivery systems, insulin and blood glucose monitoring supplies. (1) The board of trustees of each school district, including charter districts, shall adopt a policy permitting the self-administration of medication administered by way of a metered-dose inhaler by a pupil for asthma or other potentially life-threatening respiratory illness or by way of an epinephrine delivery system for severe allergic reaction (anaphylaxis). On or before September 1, 2016, such boards of trustees shall also adopt a policy permitting the self-administration of diabetes medication and blood glucose monitoring by a pupil with diabetes.

(2) As used in this section:

(a) "Medication" means an epinephrine delivery system, a metered-dose inhaler or a dry powder inhaler or insulin prescribed by a physician and having an individual label; and

(b) "Self-administration" means a student's use of medication or of blood glucose monitoring supplies pursuant to prescription or written direction from a physician.

(3) A student who is permitted to self-administer medication or blood glucose monitoring pursuant to this section shall be permitted to possess and use a prescribed inhaler, an epinephrine delivery system, insulin or blood glucose monitoring supplies at all times.

(4) Nothing in this section shall be construed to prevent a school district from requiring pupils to maintain current duplicate prescription medications or blood glucose monitoring supplies with the school nurse or, in the absence of such nurse, with the school administrator.

History:

[33-520, added 2004, ch. 336, sec. 1, p. 1007; am. 2008, ch. 305, sec. 1, p. 846; am. 2016, ch. 184, sec. 1, p. 496; am. 2026, ch. 23, sec. 1, p. 112.]
Idaho Code § 33-1275 — Idaho Code / Title 33 / Chapter 12 / Section 33-1275
33-1275 TERMS OF AGREEMENTS.
Status: in_force

33-1275. terms of agreements. (1) All agreements, by any name or title, entered into pursuant to the provisions of this act, shall have a one (1) year duration of July 1 through June 30 of the ensuing fiscal year. The parties shall not have the authority to enter into any agreement negotiated under the provisions of this act that has any term that allows for such agreement or any provision of such agreement to be in any force or effect for multiple years or indefinitely, or otherwise does not expire on its own terms on or before June 30 of the ensuing fiscal year.

(2) Notwithstanding the provisions of subsection (1) of this section, upon mutual ratification, any item other than compensation and benefits as defined in subsection (3) of this section of any agreement entered into pursuant to this act may have a nonrolling two (2) year duration with a designated start date and end date. A second year term for any item not defined in subsection (3) of this section cannot be added, automatically or by mutual consent, back into the agreement after the expiration of the first year but rather may be addressed by the parties at the expiration of the end date of the two (2) year term.

(3) For purposes of this section, "compensation" means salary and benefits for professional employees. "Benefits" means employee insurance, leave time and sick leave benefits.

(4) No agreement by any name or title that is entered into pursuant to the provisions of this section or otherwise may require or permit a school district, including specially chartered districts, to use taxpayer funds to promote a teachers union or its affiliate in a manner prohibited by section 33-1277, Idaho Code. Any provision of an agreement in violation of this subsection shall be null and void, contrary to public policy, and of no legal force or effect.

History:

[33-1275, added 1971, ch. 103, sec. 5, p. 223; am. 2013, ch. 329, sec. 1, p. 860; added 2013, ch. 329, sec. 2, p. 861; am. 2026, ch. 342, sec. 3, p. 1329.]
Idaho Code § 33-7006 — Idaho Code / Title 33 / Chapter 70 / Section 33-7006
33-7006 PARENTAL AND COMMUNITY ENGAGEMENT.
Status: in_force

33-7006. parental and community engagement. The state department of education shall develop for parents and legal guardians a generative AI guidance document to support transparency and public understanding of generative AI in public education.

History:

[33-7006, added 2026, ch. 71, sec. 1, p. 310.]
Idaho Code § 33-4401 — Idaho Code / Title 33 / Chapter 44 / Section 33-4401
33-4401 IDAHO WORK STUDY PROGRAM ESTABLISHED.
Status: in_force

33-4401. Idaho work study program established. There is hereby established for the state of Idaho the Idaho work study program.

History:

[33-4401, added 1989, ch. 124, sec. 1, p. 273.]
Idaho Code § 33-107C — Idaho Code / Title 33 / Chapter 1 / Section 33-107C
33-107C BOARD MAY ESTABLISH ADDITIONAL RETIREMENT PLANS.
Status: in_force

33-107C. BOARD MAY ESTABLISH additional RETIREMENT PLANS. (1) The state board of education and the board of regents of the university of Idaho may establish one (1) or more retirement plans as described herein for members of the teaching staff and officers of the university of Idaho, Idaho state university, Boise state university, Lewis-Clark state college and the state board of education who are eligible to participate in an optional retirement program described in section 33-107A, Idaho Code, or section 33-107B, Idaho Code, or who are vested members in the public employee retirement system of Idaho.

(2) A plan established under this section shall comply with federal tax laws applicable to the design of the plan, which may include sections 401(a), 403(b), 415(m), 457(b) and 457(f) of the Internal Revenue Code or other federal tax laws.

(3) To the extent permitted by federal tax law, a plan established under this section may provide for contributions or payments solely at the direction of the employer, or deferral of an employee's compensation at the election of the employee.

History:

[33-107C, added 2009, ch. 286, sec. 1, p. 859.]
Idaho Code § 33-5801 — Idaho Code / Title 33 / Chapter 58 / Section 33-5801
33-5801 LOCAL INNOVATION SCHOOL ACT.
Status: in_force

33-5801. LOCAL INNOVATION SCHOOL ACT. There is hereby established the local innovation school act. Participating schools and districts will evaluate existing laws and administrative rules to receive flexibility from laws and policies that impede local autonomy, allowing them to be agile, innovative and empowered to adapt to local circumstances.

History:

[33-5801, added 2016, ch. 305, sec. 1, p. 859.]
Idaho Code § 33-1113 — Idaho Code / Title 33 / Chapter 11 / Section 33-1113
33-1113 DISPOSITION OF UNEXPENDED BALANCE.
Status: in_force

33-1113. Disposition of unexpended balance. Whenever there shall remain any balance of funds arising from the sale of bonds over and above the amount necessary to meet the requirements approved by the electors, such balance shall be placed in the bond interest and redemption fund, to be deposited or invested as provided by law for such fund, and applied only to the redemption of and payment of interest on, any bond issue of the district.

History:

[33-1113, added 1963, ch. 13, sec. 109, p. 27.]
Idaho Code § 33-6703 — Idaho Code / Title 33 / Chapter 67 / Section 33-6703
33-6703 SCHOOL RESTROOMS.
Status: in_force

33-6703. school restrooms. (1) Every public school restroom or changing facility accessible by multiple persons at the same time must be:

(a) Designated for use by male persons only or female persons only; and

(b) Used only by members of that sex.

(2) No person shall enter a multi-occupancy restroom or changing facility that is designated for one sex unless such person is a member of that sex. The public school with authority over the building shall ensure that all restrooms and changing facilities provide its users with privacy from members of the opposite sex.

(3) In any other public school setting where a person may be in a state of undress in the presence of others, school personnel must provide separate and private areas designated for use by persons based on their sex, and no person may enter these private areas unless such person is a member of the designated sex.

(4) During any school authorized activity or event where persons share overnight lodging, school personnel must provide separate sleeping quarters for members of each sex. No person shall share sleeping quarters, a restroom, or a changing facility with a person of the opposite sex, unless the persons are members of the same family.

History:

[(33-6703) 33-6603, added 2023, ch. 120, sec. 1, p. 344; am. and redesig. 2024, ch. 16, sec. 12, p. 146.]
Idaho Code § 33-502 — Idaho Code / Title 33 / Chapter 5 / Section 33-502
33-502 DECLARATIONS OF CANDIDACY FOR TRUSTEES.
Status: in_force

33-502. Declarations of candidacy for trustees. Any person legally qualified to hold the office of school trustee may file a declaration of candidacy for the office, each of which shall bear the name of the candidate, state the term for which declaration of candidacy is made, and bear the signature of not less than five (5) school district electors resident of the trustee zone of which the candidate is resident. The declaration shall be filed with the clerk of the board of trustees of the school district as provided in section 34–1404, Idaho Code.

History:

[33-502, added 1963, ch. 13, sec. 52, p. 27; am. 1967, ch. 9, sec. 1, p. 14; am. 1992, ch. 187, sec. 3, p. 584; am. 2011, ch. 11, sec. 5, p. 28.]
Idaho Code § 33-1606 — Idaho Code / Title 33 / Chapter 16 / Section 33-1606
33-1606 ARBOR DAY.
Status: in_force

33-1606. Arbor day. A day during the month of April in each year, designated as Arbor Day, shall be observed by such exercises as will encourage the planting, preservation and protection of trees and shrubs.

History:

[33-1606, added 1963, ch. 13, sec. 181, p. 27.]
Idaho Code § 33-5202A — Idaho Code / Title 33 / Chapter 52 / Section 33-5202A
33-5202A DEFINITIONS.
Status: in_force

33-5202A. DEFINITIONS. As used in this chapter, unless the context requires otherwise:

(1) "Application" means the document submitted to the authorizer to request the creation of a public charter school.

(2) "Authorizer" means any of the following:

(a) A local board of trustees of a school district;

(b) The public charter school commission;

(c) An Idaho public college, university, or community college; or

(d) A private, nonprofit, Idaho-based, nonsectarian college or university that is accredited by the same organization that accredits Idaho public colleges and universities.

(3) "Charter" means the grant of authority approved by the authorizer to the charter holder.

(4) "Charter holder" means the public charter school's board of directors to which a charter is granted.

(5) "Educational services provider" means a nonprofit or for-profit entity that contracts with a public charter school or a school district for a fee to provide educational services and resources, including administrative support and educational design, implementation, or management.

(6) "Founder" means a person who makes a material contribution toward the establishment of a public charter school and who is designated as such by the charter holder.

(7) "Performance certificate" means a fixed-term, renewable certificate between a public charter school and an authorizer that outlines the negotiated roles, powers, responsibilities, and performance expectations for each party to the certificate.

(8) "Public charter school" means a school that is authorized pursuant to this chapter to deliver public education in Idaho.

(9) "Public charter school commission" or "commission" means the public charter school commission established pursuant to section 33-5213, Idaho Code.

(10) "Traditional public school" means any school that is operated and controlled by a school district in this state.

(11) "Virtual school" means a public charter school that delivers a full-time, sequential program of synchronous and/or asynchronous instruction primarily through the use of technology via the internet in a distributed environment. Schools classified as virtual must have an online component to their school with online lessons and tools for student and data management. Students enrolled in a virtual school may meet at the same location and time while receiving virtual instruction.

History:

[33-5202A, added 2024, ch. 9, sec. 6, p. 63; am. 2026, ch. 12, sec. 2, p. 90.]
Idaho Code § 33-2115 — Idaho Code / Title 33 / Chapter 21 / Section 33-2115
33-2115 COUNTIES, CITIES, SCHOOL DISTRICTS AND BOARDS TO COOPERATE.
Status: in_force

33-2115. Counties, cities, school districts and boards to cooperate. (1) The county commissioners of the county in which any community college is located, the mayor and council of the city in or adjacent to which a community college is located, and the board of trustees of the school district in such city, whether operating under special charter or general law, shall be and hereby are authorized and empowered to cooperate with the board of trustees of the community college district, and to permit the use, for community college purposes, of such buildings, grounds, athletic fields, gymnasiums, libraries, laboratories and other equipment and facilities, as are not at the time required for other purposes by such county, city or school district.

(2) The boards of trustees of community college districts shall be and hereby are authorized and empowered to cooperate with the county commissioners, mayors, city councils and school district boards of trustees identified in subsection (1) of this section and to permit the use, for such county, city and school district purposes, of such buildings, grounds, athletic fields, gymnasiums, libraries, laboratories and other equipment and facilities, as are not at the time required for other purposes by the community college.

History:

[33-2115, added 1939, ch. 32, sec. 14, p. 62; am. 2004, ch. 381, sec. 1, p. 1143.]
Idaho Code § 33-6102 — Idaho Code / Title 33 / Chapter 61 / Section 33-6102
33-6102 FLEXIBLE SCHEDULE.
Status: in_force

33-6102. flexible schedule. (1) A student is eligible to take a flexible schedule as provided in subsection (2) of this section if the student:

(a) Is at least sixteen (16) years of age;

(b) Maintains a cumulative 3.5 grade point average;

(c) Obtains permission from a parent or guardian, if under the age of eighteen (18) years;

(d) Achieves a college and career readiness score;

(e) Files with the student's school:

(i) Notification of the student's intent to take a flexible schedule;

(ii) The student's participation portfolio; and

(iii) An essay of at least one (1) page explaining why the student wishes to have a flexible schedule and outlining the student's future plans using such flexible schedule; and

(f) Completes:

(i) The civics requirement in section 33-1602, Idaho Code; and

(ii) The economics credit, government credits, and senior project required under the board's graduation requirements, provided that the student's senior project may describe the student's experience in achieving a college and career readiness score and include a detailed explanation of the student's future plans.

(2) An eligible student may, at the student's option and upon notification to the student's school, be relieved from completing any remaining high school graduation requirements. Such student shall have flexibility in the student's schedule to:

(a) Take elective courses, career technical education programs, or core courses as selected by the student and determined to be available by the student's school district or public charter school;

(b) Participate in apprenticeships or internships;

(c) Act as a tutor at any grade level; or

(d) Engage in such other activities as identified by the board.

(3) A student with a flexible schedule must adhere to the plans described pursuant to subsection (1)(e) of this section. If the student is under the age of eighteen (18) years, the student's plans may be modified with the approval of the student's parent or guardian.

History:

[33-6102, added 2019, ch. 297, sec. 1, p. 879; am. 2020, ch. 26, sec. 2, p. 60.]
Idaho Code § 33-2126 — Idaho Code / Title 33 / Chapter 21 / Section 33-2126
33-2126 FORM AND SALE OF BONDS.
Status: in_force

33-2126. Form and sale of bonds. When the commission shall find the proposed dormitory project or projects to be necessary for the proper operation of the junior college and economically feasible and such finding is recorded in the minutes of the commission, the commission shall be authorized by its resolution and may be issued in one (1) or more series and shall bear such date or dates, mature at such time or times, bear interest at such rate or rates, be in such denomination or denominations, be in such form, either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable in such medium of payment, at such place or places, and be subject to such terms of redemption (with or without premium) as such resolution, its trust indenture, or the bonds so issued may provide.

The bonds may be sold at public sale at not less than par; provided, however, that if such bonds are sold to the United States of America or an agency or instrumentality thereof, they may be sold at private sale.

In case any of the commissioners or officers of the commission whose signatures appear on any bonds or coupons shall cease to be such commissioners or officers before the delivery of such bonds, such signature shall, nevertheless, be valid and sufficient for all purposes, the same as if such commissioners or officers had remained in office until such delivery. Any provision of any law to the contrary notwithstanding, any bonds issued pursuant to this act shall be fully negotiable.

In any suit, action or proceedings involving the validity or enforceability of any bond of a commission or the security therefor, any such bond, reciting in substance that it has been issued by the commission to aid in financing a dormitory housing project to provide dwelling accommodations for students attending a junior college, shall be conclusively deemed to have been issued for a dormitory housing project of such character, and said project shall be conclusively deemed to have been planned, located and constructed in accordance with purposes and provisions of this act.

History:

[33-2126, added 1957, ch. 87, sec. 11, p. 137; am. 1970, ch. 80, sec. 2, p. 196.]
Idaho Code § 33-2104 — Idaho Code / Title 33 / Chapter 21 / Section 33-2104
33-2104 FORMATION OF COMMUNITY COLLEGE DISTRICTS.
Status: in_force

33-2104. Formation of community college districts. A community college district may be organized by the vote of the school district electors of the proposed district, voting at an election called and held as herein provided:

a. A petition or petitions, signed by not less than one thousand (1,000) qualified electors as defined in section 34-104, Idaho Code, residing in the proposed community college district, giving the name of the proposed community college, describing the boundaries of the proposed district and praying for the organization of the territory therein described as a community college district, together with a true copy thereof, shall be filed with the clerk of the board of county commissioners of the county in which such proposed district is to be located;

b. Said petition or petitions shall be presented to the clerk of the board of county commissioners. An examination to verify whether or not the petition signers are qualified electors shall be conducted by the county clerk as provided in section 34-1807, Idaho Code;

c. In the event the petition is found by the county clerk to contain the required number of signatures, the clerk shall file the original in his office, and forthwith mail the copy thereof to the state board of education for its consideration and recommendation. The state board of education shall consider the existing opportunities for education beyond grade twelve (12) in the proposed district, the number of prospective students for such community college, the financial ability of the proposed district to maintain such college and furnish the standard of education contemplated by this chapter with income from tuition and other sources as herein provided. If the state board approves the establishment of such community college, it shall so advise the board of county commissioners within thirty (30) days after the receipt of such petition or petitions, and recommend that an election be called as herein provided for the organization of such district;

d. Upon receipt by the board of county commissioners of the written approval of the state board of education, the board of county commissioners shall enter an order that a special election be called within the proposed new district for the purpose of voting on the question of the creation of such district on one (1) of the election dates enumerated in section 34-106, Idaho Code. No notice of election need be posted, but notice shall be published, the election shall be conducted and the returns thereof canvassed as required in chapter 14, title 34, Idaho Code. The ballot shall contain the words "Community College District–Yes" and "Community College District–No," along with a voting position in which the voter may express his choice. If two-thirds (2/3) of all votes cast be in the affirmative, the board of county commissioners shall enter an order declaring such community college district established, designating its name and boundaries. A certified copy of such order shall forthwith be filed with the state board of education;

e. If the proposed district embraces an area in two (2) or more counties, the county in which it is proposed to locate the community college shall be considered the home county, in which the proceedings for the organization of the district shall be conducted, taken and had. Before calling an election on the creation of the proposed district, the board of county commissioners of the home county shall advise the board or boards of county commissioners of such other county or counties of the proposed election, to the end that a date may be agreed upon and the election be held in all counties affected on the same day. The board of county commissioners in any such other county shall give notice of the election, conduct the same and canvass the returns thereof as though it were the only county in which such election were being held. The returns of the election so canvassed shall be certified promptly to the board of county commissioners of the home county. The result of the election shall in turn be certified by the board of county commissioners of the home county to such board in each county in which the proposed district may lie, and if the result of the election be in the affirmative, a certified copy of the order creating the district shall be filed with the clerk of the board of county commissioners of such other county or counties, and entered into the minutes of the board therein.

History:

[33-2104, added 1963, ch. 363, sec. 4, p. 1037; am. 2007, ch. 241, sec. 1, p. 713.]
Idaho Code § 33-1004 — Idaho Code / Title 33 / Chapter 10 / Section 33-1004
33-1004 STAFF ALLOWANCE.
Status: in_force

33-1004. Staff allowance. For each school district, a staff allowance shall be determined as follows:

(1) Using the daily attendance reports that have been submitted for computing the February 15 apportionment of state funds as provided in section 33-1009, Idaho Code, calculate the total support units for the district in the manner provided in section 33-1002(6)(a), Idaho Code. If the support units used to calculate discretionary funding pursuant to sections 33-1009 and 33-1018, Idaho Code, are at least three percent (3%) greater, seventy-five percent (75%) of the difference shall be added to the support units used for the February 15 apportionment of state funds;

(2) Determine the instructional staff allowance by multiplying the support units by 1.021. A district must demonstrate that it actually employs the number of certificated instructional staff allowed, except as provided in subsection (6)(f) and (g) of this section. If the district does not employ the number allowed, the staff allowance shall be reduced to the actual number employed, except as provided in subsection (6)(f) and (g) of this section;

(3) Determine the pupil service staff allowance by multiplying the support units by.079;

(4) Determine the administrative staff allowance by multiplying the support units by .075;

(5) Determine the classified staff allowance by multiplying the support units by .375;

(6) Additional conditions governing staff allowance:

(a) In determining the number of staff in subsections (2), (3), (4) and (5) of this section, a district may contract separately for services to be rendered by nondistrict employees and such employees may be counted in the staff allowance. A "nondistrict employee" means a person for whom the school district does not pay the employer's obligations for employee benefits. When a district contracts for the services of a nondistrict employee, only the salary portion of the contract shall be allowable for computations.

(b) If there are circumstances preventing eligible use of staff allowance to which a district is entitled as provided in subsections (2), (3) and (4) of this section, an appeal may be filed with the state department of education outlining the reasons and proposed alternative use of these funds, and a waiver may be granted.

(c) For any district with less than forty (40) support units:

(i) The instructional staff allowance shall be calculated applying the actual number of support units. If the actual instructional staff employed in the school year is greater than the instructional staff allowance, then the instructional staff allowance shall be increased by one-half (1/2) staff allowance; and

(ii) The administrative staff allowance shall be calculated applying the actual number of support units. If the actual administrative staff employed in the school year is greater than the administrative staff allowance, then the administrative staff allowance shall be increased by one-half (1/2) staff allowance.

(iii) Additionally, for any district with less than twenty (20) support units, the instructional staff allowance shall be calculated applying the actual number of support units. If the number of instructional staff employed in the school year is greater than the instructional staff allowance, the staff allowance shall be increased as provided in subparagraphs (i) and (ii) of this paragraph and by an additional one-half (1/2) instructional staff allowance.

(d) For any school district with one (1) or more separate secondary schools serving grades 9 through 12, the instructional staff allowance shall be increased by two (2) additional instructional staff allowances for each such separate secondary school.

(e) Only instructional, pupil service and administrative staff and classified personnel compensated by the school district from the general maintenance and operation fund of the district shall be included in the calculation of staff allowance or in any other calculations based upon staff, including determination of the experience and education multiplier, the reporting requirements, or the district's salary-based apportionment calculation. No food service staff or transportation staff shall be included in the staff allowance.

(f) A district may utilize up to fifteen percent (15%) of the moneys associated with positions funded pursuant to subsection (2) of this section to pay another school district or public charter school for instructional services or to defray the cost of providing virtual education coursework, including virtual dual credit coursework, without a reduction in the number of funded positions being imposed.

(g) A district may employ nine and one-half percent (9.5%) fewer positions than funded pursuant to subsections (2) and (3) of this section, without a reduction in the number of funded positions being imposed.

(7) In the event that the staff allowance in any category is insufficient to meet accreditation standards, a district may appeal to the state board of education demonstrating the insufficiency, and the state board may grant a waiver authorizing sufficient additional staff to be included within the staff allowance to meet accreditation standards. Such a waiver shall be limited to one (1) year but may be renewed upon showing of continuing justification.

(8) A district may utilize a portion of the instructional staff allowance provided for in this section for kindergarten teachers to visit the parents or guardians of students during the first week of the kindergarten school year. Such visits may take place at school, at the student's home or at another location agreed to by the teacher and parents or guardians. The purpose of such visits is to help strengthen the working relationship between the teacher, the parents or guardians, and the student. The visits should be used as an opportunity to help establish the teacher's expectations of the student. The visit should also provide an opportunity for the parents or guardians to explain their expectations. The amount of moneys to be expended for such visits by the district may not exceed the amount equal to one (1) week of instructional staff allowance computed for kindergarten instructors in the district.

History:

[33-1004, added 1994, ch. 428, sec. 5, p. 1375; am. 1995, ch. 52, sec. 1, p. 119; am. 1995, ch. 271, sec. 1, p. 871; am. 1998, ch. 166, sec. 1, p. 561; am. 2003, ch. 375, sec. 5, p. 1004; am. 2006, ch. 412, sec. 1, p. 1249; am. 2006, 1st Ex. Sess., ch. 1, sec. 11, p. 54; am. 2009, ch. 340, sec. 1, p. 983; am. 2010, ch. 326, sec. 3, p. 867; am. 2013, ch. 148, sec. 1, p. 344; am. 2013, ch. 340, sec. 2, p. 893; am. 2013, ch. 349, sec. 1, p. 948; am. 2014, ch. 116, sec. 2, p. 331; am. 2015, ch. 229, sec. 3, p. 707; am. 2016, ch. 123, sec. 1, p. 356; am. 2016, ch. 348, sec. 1, p. 1010; am. 2025, ch. 145, sec. 1, p. 726.]
Idaho Code § 33-5302 — Idaho Code / Title 33 / Chapter 53 / Section 33-5302
33-5302 DEFINITIONS.
Status: in_force

33-5302. Definitions. (1) "Board" means the board of trustees of a school district, including a specially chartered district, existing now or later under the laws of the state.

(2) "Bond" means any general obligation bond or refunding bond issued after the effective date of this chapter.

(3) "Default avoidance program" means the school bond guaranty program established by this chapter.

(4) "General obligation bond" means any bond, note, warrant, certificate of indebtedness, or other obligation of a board payable in whole or in part from revenues derived from property taxes and that constitutes an indebtedness within the meaning of any applicable constitutional or statutory debt limitation.

(5) "Paying agent" means the corporate paying agent selected by the board for a bond issue who is:

(a) Duly qualified; and

(b) Acceptable to the state treasurer.

(6) "Public school guarantee fund" means the fund described in section 2, article VIII, of the constitution of the state of Idaho and section 33-5309, Idaho Code.

(7) "Refunding bond" means any general obligation bond issued by a board for the purpose of refunding its outstanding general obligation bonds.

(8) "School district" means any school district, including a specially chartered district, existing now or later under the laws of the state.

History:

[33-5302, added 1999, ch. 328, sec. 1, p. 840.]
Idaho Code § 33-2135 — Idaho Code / Title 33 / Chapter 21 / Section 33-2135
33-2135 TERMINATION — REACTIVATION.
Status: in_force

33-2135. Termination — Reactivation. Upon the full payment of all its obligations, including bonds, notes, debentures or debts of any kind, the commissioners of a dormitory housing commission shall convey all properties held or owned by said authority to the junior college district and may, by appropriate resolution, declare their purposes at an end and terminated; upon approval of such resolution by the board of trustees of the junior college district the authority shall be declared inactive and the commissioners relieved of their duties; provided, however, that the commission may be reactivated for new projects, in the same manner as new commissioners are appointed in section 33-2118, and such new commissioners shall proceed with all the powers granted in this act.

History:

[33-2135, added 1957, ch. 87, sec. 20, p. 137.]
Idaho Code § 33-353 — Idaho Code / Title 33 / Chapter 3 / Section 33-353
33-353 NATURE AND POWERS.
Status: in_force

33-353. Nature and powers. Each school subdistrict created and established as provided in this act shall be a political subdivision of the state of Idaho. The board of trustees entering the order creating and establishing such school subdistrict shall be the governing body of all school subdistricts created by it, and shall possess the power to order, conduct and hold all elections in such school subdistricts for the purpose of incurring debt and issuing bonds and for the purpose of voting school plant facilities reserve fund levies.

History:

[33-353, added 1986, ch. 61, sec. 1, p. 178.]
Idaho Code § 33-3409 — Idaho Code / Title 33 / Chapter 34 / Section 33-3409
33-3409 RULES.
Status: in_force

33-3409. rules. The state board of education is authorized to, with the advice and recommendation of the board of directors, promulgate rules to implement the provisions of this chapter.

History:

[33-3409, added 2009, ch. 168, sec. 4, p. 508.]
Idaho Code § 33-3508 — Idaho Code / Title 33 / Chapter 35 / Section 33-3508
33-3508 REPORT OF DIRECTOR.
Status: in_force

33-3508. Report of director. The director shall, at the close of each month, present a report to the board of trustees showing the number of students admitted, the number in attendance and the number discharged and whether by parole or otherwise, and the general condition of the school and such other information, suggestions and recommendations as may be to the best interests of the school.

History:

[33-3508, added 1963, ch. 168, sec. 8, p. 486; am. 1974, ch. 23, sec. 13, p. 633.]
Idaho Code § 33-3603 — Idaho Code / Title 33 / Chapter 36 / Section 33-3603
33-3603 APPOINTMENT OF IDAHO MEMBERS OF COMMISSION.
Status: in_force

33-3603. Appointment of Idaho members of commission. (a) The Governor shall thereupon appoint the Idaho members of the Western Interstate Commission for Higher Education.

(b) The qualifications and terms of office of the members of the Commission for this state shall conform with the provisions of Article IV of the Compact as it appears in section 33-3601.

(c) The Governor may remove a member of the Commission for cause after notice and public hearing.

History:

[(33-3603) 1953, ch. 248, sec. 3, p. 391.]
Idaho Code § 33-1109 — Idaho Code / Title 33 / Chapter 11 / Section 33-1109
33-1109 SIGNATURE AND RECORDING OF BONDS.
Status: in_force

33-1109. Signature and recording of bonds. Each bond shall be signed by the chairman of the board of trustees and countersigned by the clerk; and the seal of the district, if it has a seal, shall be attached.

All bonds shall be recorded by the treasurer of the district who shall keep record of the number, amount and status of the issue, together with the name of the successful purchaser therefor.

History:

[33-1109, added 1963, ch. 13, sec. 105, p. 27; am. 2013, ch. 183, sec. 3, p. 438.]
Idaho Code § 33-2201 — Idaho Code / Title 33 / Chapter 22 / Section 33-2201
33-2201 ASSENT TO SMITH-HUGHES ACT.
Status: in_force

33-2201. Assent to Smith-Hughes Act. The state of Idaho hereby accepts the benefits and provisions of an act of Congress approved February 23, 1917, entitled "An act to provide for the promotion of vocational education, to provide for the cooperation with the states and the promotion of such education in agriculture and the trades and industries; to provide for the cooperation with the states in the preparation of teachers of vocational subjects; and to appropriate money and regulate its expenditure," commonly known as the Smith-Hughes Act.

History:

[(33-2201) 1919, ch. 53, sec. 1, p. 160; C.S., sec. 1002, I.C.A., sec. 32-1701.]
Idaho Code § 33-310 — Idaho Code / Title 33 / Chapter 3 / Section 33-310
33-310 CONSOLIDATION OF SCHOOL DISTRICTS.
Status: in_force

33-310. Consolidation of school districts. The boards of trustees of two (2) or more contiguous school districts may submit to the state board of education a plan for the consolidation of their districts into a single new district.

The plan shall contain as a minimum the following, and in addition any other information required by the state board of education:

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

(2) A legal description of the boundaries of the proposed new school district and of the trustee zones proposed, with estimates of the population in each such zone;

(3) The assessed value of taxable property of each component consolidating district and of the entire proposed new district;

(4) Outstanding general obligation bonds of any component consolidating district, sinking funds accumulated, and estimated proceeds of sinking fund levies in process of collection;

(5) Whether any component district has established a plant facilities reserve fund, and if so the amount on hand in such fund, the obligations against the fund, and the levy being made for such fund together with estimate of the proceeds of such levy in process of collection;

(6) The amount of any outstanding and unpaid bonds that will become the obligation of the subdistricts, pursuant to section 33-311, Idaho Code, after the application of any plant facility reserve funds, pursuant to section 33-901, Idaho Code. The plan shall also show for each subdistrict the estimated amount of state subsidies to be received, the estimated bond levy rate and the year in which the last levy will be made;

(7) If a joint district, the designation of the home county;

(8) The official name and number of the proposed new district; and

(9) How the property, real and personal, of former districts shall vest in the new district.

Before submitting any proposal for consolidating school districts to the state board of education, the board of trustees of each proposing district shall first call and cause to be held, within said district, a hearing on the proposal. Notice of the time and place of such hearing shall be given, by each such district, by two (2) publications in a newspaper of general circulation in the district, the first and last publications being not less than six (6) days apart.

At such hearings, any school district elector or taxpayer of the district may appear and be heard, and may request any information from the board of trustees, concerning the proposed consolidation. Records of the hearings shall be entered in the minutes of each board of trustees and shall be included with the plan of proposed consolidation if and when it is submitted to the state board of education.

Following any hearing, it shall be within the discretion of the board of trustees of any proposing district whether it shall further proceed in the plan for consolidating the districts.

History:

[33-310, added 1963, ch. 13, sec. 40, p. 27; am. 2007, ch. 79, sec. 1, p. 209.]
Idaho Code § 33-5205 — Idaho Code / Title 33 / Chapter 52 / Section 33-5205
33-5205 APPLICATION TO ESTABLISH A PUBLIC CHARTER SCHOOL — HEARING — APPLICATION DECISION — APPEAL PROCEDURE — TERM.
Status: in_force

33-5205. APPLICATION TO ESTABLISH A PUBLIC CHARTER SCHOOL — Hearing — application decision — appeal procedure — term. (1) A public charter school application may be submitted to only one (1) authorizer at a time. If an application has been denied by an authorizer or an application is withdrawn by the applicant, then the applicant may resubmit an application to another authorizer.

(2)(a) Authorizers shall develop a transparent application process to establish a new public charter school. The application shall require applicants to provide descriptions of the following key features of the prospective public charter school:

(i) The educational program, including educational philosophy, student academic proficiency and growth standards, measurement methods, any mission-specific standards that may be unique to the school, and strategies for meeting the needs of specific student populations, including English language learners, at-risk students, and special education or gifted and talented students;

(ii) The financial and facilities plan with a pre-opening budget, three (3) year operating budget, break-even analysis and cash flow projection, evidence of existing and anticipated funds, and projected facility costs;

(iii) Board capacity and governance structure, including copies of the articles of incorporation and corporate bylaws;

(iv) Student demand and primary attendance area, including a description of the population of students the proposed school intends to serve and the target enrollment by grade level; and

(v) Use of educational service providers, including the contracts, fees and terms, and recent contracts that the entity has executed with other charter schools.

(b) Upon review of the completed application, representatives of the authorizer may request from applicants additional information actually necessary to clarify the contents.

(3) An application for a virtual school must also contain statements describing the following:

(a) The learning management system by which courses will be delivered;

(b) The role of the online teacher, including the consistent availability of the teacher to provide guidance around course material, methods of individualized learning in the online course, and the means by which student work will be assessed;

(c) A plan for the provision of professional development specific to the public virtual school environment;

(d) The means by which public virtual school students will receive appropriate teacher-to-student interaction, including timely and frequent feedback about student progress;

(e) The means by which the public virtual school will verify student attendance and award course credit. Attendance at public virtual schools shall focus primarily on coursework and activities that are correlated to the Idaho state thoroughness standards;

(f) A plan for the provision of technical support relevant to the delivery of online courses;

(g) The means by which the public virtual school will provide opportunity for student-to-student interaction;

(h) Any financial agreement that will require an education service provider to assume a virtual school's financial risk when the virtual school does not have sufficient residual funds to pay the education service provider, to the extent there is such an agreement. Such financial agreement will be favorably considered during the application process. Where this paragraph is applicable, the education service provider shall make its audited financial statements available unless the education service provider already makes such audited financial statements publicly available for compliance with other federal or state laws; and

(i) A plan for ensuring equal access for all students, including the provision of necessary hardware, software, and internet connectivity required for participation in online coursework, and utilization of remote testing, proctoring, and administration procedures for state-required assessments.

(4) The authorizer shall afford applicants a hearing prior to making a decision, with an opportunity in a public forum for local residents to learn about and provide input on each application. The authorizer shall provide each applicant with its detailed analysis of the application and grant the applicant at least fourteen (14) days to provide additional materials to address any identified deficiencies.

(5) No later than ninety (90) days after an application is submitted, the authorizer shall decide to approve or deny the charter application, unless the applicant agrees to a later date. The authorizer shall adopt by resolution all charter approval or denial decisions in an open meeting of the authorizer's governing board and, in the case of a denial, include all reasons for denial in the resolution adopted by the governing board.

(a) An application may be approved by the authorizer without condition or with specific and relevant pre-opening conditions the authorizer finds necessary in the applicant's unique case to ensure the school can meet its academic and financial requirements.

(b) If an application is denied, then the authorizer must prepare a written notice of its decision within fourteen (14) days, including all of the reasons for the denial and a statement that explains the criteria and standards considered relevant by the authorizer in its denial, the relevant contested facts relied upon, and the rationale for the decision based on the applicable statutory provisions and factual information presented to the authorizer.

(6) If an authorizer denies an application for the establishment of a public charter school for any reason, then such decision may be appealed to the office of administrative hearings within thirty (30) days of the date of the written decision at the request of the applicant whose request for a new charter was denied.

(a) The office of administrative hearings shall, within thirty (30) days of receipt of the request, review the full record regarding the charter application and convene a public hearing regarding the appeal. Within ten (10) days of the public hearing, the hearing officer shall submit a written recommendation to the authorizer and to the persons requesting the review. The recommendation by the hearing officer either to affirm or reverse the decision of the authorizer shall be based on the full record regarding the charter application, including the standards and criteria contained in this chapter. The recommendation shall be in writing and accompanied by a reasoned statement that explains the criteria and standards considered relevant, states the relevant contested facts relied upon, and explains the rationale for the recommendations based on the applicable statutory provisions and factual information contained in the record.

(b) Within thirty (30) days following receipt of the hearing officer's written recommendation, the authorizer shall hold a meeting open to the public for the purpose of reviewing the hearing officer's written recommendation. Within ten (10) days of such meeting, the authorizer shall either affirm or reverse its initial decision. The authorizer's decision shall be in writing and contain findings that explain the reasons for its decision.

(c) If, upon reconsideration of a decision to deny an application for a public charter school, the authorizer:

(i) Reverses its initial decision and approves the public charter school application, then there shall be no further appeal; or

(ii) Affirms its initial decision denying the public charter school application, then the board of directors of the nonprofit corporation may appeal as set forth in chapter 52, title 67, Idaho Code.

(d) There shall be no appeal of a decision by a local school board of trustees that denies the conversion of an existing traditional public school within that district to a public charter school or a decision by an authorizer that approves an application for a public charter school.

(7)(a) An approved initial charter shall be granted for a term of six (6) operating years. The charter shall include the beginning and ending dates of the charter term. An approved school may delay its opening for one (1) school year to plan and prepare for the school's opening. A delay greater than one (1) school year requires an extension from the school's authorizer.

(b) In order to incubate innovative charter schools, an authorizer may instead grant a pilot charter with an initial term of three (3) operating years to test an innovative or novel model. This pilot charter shall be used in limited instances and the authorizer must provide sufficient documentation to justify the shorter term.

History:

[33-5205, added 2024, ch. 9, sec. 13, p. 66.]
Idaho Code § 33-2103 — Idaho Code / Title 33 / Chapter 21 / Section 33-2103
33-2103 MINIMUM REQUIREMENTS FOR THE FORMATION OF A JUNIOR COLLEGE DISTRICT.
Status: in_force

33-2103. Minimum requirements for the formation of a junior college district. A junior college district shall include (a) the area, or any part thereof, of four (4) or more school districts and the area or any part thereof, of one (1) or more counties having an aggregate enrollment in grades nine (9) through twelve (12) during the school year, next preceding the organization of such district, of not less than two thousand (2000) students, and (b) property having market value for assessment purposes as shown by the equalized assessment rolls of real and personal property for the preceding calendar year of not less than one hundred million dollars ($100,000,000).

The state board of education in considering a petition filed pursuant to section 33-2104, Idaho Code, shall verify all the above requirements, as well as determine the number of the students expected to attend and the facilities available, or to be made available, for operation of the school.

History:

[33-2103, added 1963, ch. 363, sec. 3, p. 1037; am. 1965, ch. 238, sec. 2, p. 576; am. 1980, ch. 350, sec. 13, p. 902.]
Idaho Code § 33-3719 — Idaho Code / Title 33 / Chapter 37 / Section 33-3719
33-3719 STUDENT CALLED TO ACTIVE DUTY.
Status: in_force

33-3719. Student called to active duty. Whenever any active member of the Idaho national guard is called or ordered by the governor to state active duty for thirty (30) consecutive days or more, or to duty other than for training pursuant to title 32, U.S.C., or called or ordered by competent federal authority into active federal service under title 10, U.S.C., for duty other than for training for thirty (30) consecutive days or more, or whenever a member of any reserve United States military force is ordered to said active federal service, an educational institution in this state in which the member is enrolled shall grant the member military leave of absence from his education. Individuals on military leave of absence from their educational institution, upon release from military duty, shall be restored to the educational status they had attained prior to their being ordered to military duty without loss of academic credits earned, scholarships or grants awarded, or tuition and other fees paid prior to the commencement of the military duty. It shall be the duty of the educational institution to refund tuition or fees or to credit the tuition, scholarships, grants and fees to the next academic semester or term after the termination of the educational military leave of absence at the option of the student.

History:

[33-3719, added 2003, ch. 251, sec. 3, p. 651; am. 2004, ch. 60, sec. 1, p. 278; am. 2007, ch. 108, sec. 2, p. 315.]
Idaho Code § 33-916 — Idaho Code / Title 33 / Chapter 9 / Section 33-916
33-916 ELIGIBILITY OF SCHOOL DISTRICTS FOR SCHOOL MODERNIZATION FACILITIES FUND DISTRIBUTIONS.
Status: in_force

33-916. ELIGIBILITY OF SCHOOL DISTRICTS FOR SCHOOL MODERNIZATION FACILITIES FUND DISTRIBUTIONs. The state department of education shall not approve school district requests for annualized distributions or for distribution from the applicable bond proceeds until the following conditions are satisfied:

(1) The school district has submitted a ten (10) year facilities plan in accordance with provisions of section 33-918, Idaho Code;

(2) The school district attests that it meets the minimum student instructional day or hour requirements of the state board of education, which requirements shall be adopted no later than August 1, 2024, and implemented no sooner than July 1, 2025. The state board of education may phase in such requirements over a multi-year period; and

(3) The school district attests compliance with the dignity and nondiscrimination in public education requirements specified in section 33-138, Idaho Code, and further attests that the school district does not require job applicants to sign written diversity statements.

History:

[33-916, added 2024, ch. 237, sec. 18, p. 832; am. 2024, ch. 302, sec. 3, p. 1013.]
Idaho Code § 33-130A — Idaho Code / Title 33 / Chapter 1 / Section 33-130A
33-130A CRIMINAL HISTORY CHECKS FOR PRIVATE OR PAROCHIAL SCHOOL EMPLOYEES OR CONTRACTORS.
Status: in_force

33-130A. Criminal history checks for private or parochial school employees or contractors. If requested by the principal or governing board of a private or parochial school, the department of education, through the cooperation of the department of law enforcement, shall establish a system to obtain a criminal history check on employees of the school or persons entering into contracts with the school. The criminal history check and fees shall be as provided in section 33-130, Idaho Code.

History:

[33-130A, added 2000, ch. 310, sec. 1, p. 1047.]
Idaho Code § 33-1407 — Idaho Code / Title 33 / Chapter 14 / Section 33-1407
33-1407 PAYMENT OF TUITION — SUIT TO RECOVER PAYMENT.
Status: in_force

33-1407. Payment of tuition — Suit to recover payment. The board of trustees of any debtor district shall allow and order paid any bill for tuition received by it in proper form, at the first regular meeting following receipt of said bill.

Whenever any school district, or person, liable for the payment of tuition, shall fail or refuse to pay the same after payment thereof is due, the creditor district may commence suit against such district or person in the district court in and for the county in which such district maintains its administrative offices, or in which such person resides.

History:

[33-1407, added 1963, ch. 13, sec. 78, p. 27.]
Idaho Code § 33-912 — Idaho Code / Title 33 / Chapter 9 / Section 33-912
33-912 SCHOOL MODERNIZATION FACILITIES FUND.
Status: in_force

33-912. SCHOOL MODERNIZATION Facilities FUND. (1) There is hereby created in the state treasury the school modernization facilities fund. The fund shall consist of moneys provided pursuant to section 63-3638(19), Idaho Code.

(2) Moneys in the fund are hereby continuously appropriated solely for the purpose of making annualized distributions to school districts electing to receive distributions and for paying the principal, interest, and other amounts required for education bonds issued by the Idaho state building authority for the state department of education in accordance with the provisions of this chapter.

(3) Moneys in the fund shall be paid by the state department of education to districts electing annual distributions and to the Idaho state building authority as required for annual debt service and other expenses relating to the bonds issued pursuant to section 33-913, Idaho Code.

(4) The state treasurer shall invest the idle moneys of the school modernization facilities fund, and the interest earned on such investment shall be retained by the school modernization facilities fund.

History:

[33-912, added 2024, ch. 237, sec. 14, p. 829.]
Idaho Code § 33-2738 — Idaho Code / Title 33 / Chapter 27 / Section 33-2738
33-2738 SCHOOL-COMMUNITY LIBRARY DISTRICTS — BOARD OF TRUSTEES — TRUSTEE ZONES.
Status: in_force

33-2738. School-community library districts — Board of trustees — Trustee zones. Each school-community library district shall be governed by a board of trustees of five (5) members, who at the time of their selection and during their terms of office shall be qualified electors of the district.

(1) Four (4) of the trustees shall be elected. The procedure for nomination and election of trustees shall be as provided for the nomination and election of trustees of a library district pursuant to this chapter. Each school-community public library district may be divided into four (4) trustee zones with each zone having approximately the same population. In order for a school-community public library district to be divided into trustee zones, the board of trustees shall pass a motion declaring the district to be divided into trustee zones and present a description of boundaries of each trustee zone. The board of trustees shall transmit the motion along with the boundaries of the trustee zones to the board or boards of county commissioners in the county or counties where the school-community public library district is contained. The board or boards of county commissioners shall have forty-five (45) days from the receipt of the motion and description to reject, by adoption of a motion, the establishment of trustee zones proposed by formal motion of the board of trustees of the school-community public library district. If the board or boards of county commissioners do not reject the establishment of the trustee zones within the time limit specified, the zones shall be deemed to be in full force and effect upon the next annual trustee election. If a school-community public library district is contained in more than one (1) county, a motion of rejection adopted by one (1) board of county commissioners shall be sufficient to keep the trustee zone plan from going into effect. A board of county commissioners shall notify the board of trustees in writing if a proposal is rejected.

If a proposal for the establishment of trustee zones is rejected by a board of county commissioners, the boundaries of the trustee zones, if any, shall return to the dimensions they were before the rejection. Trustee zones may be redefined and changed, but not more than once every two (2) years, after a new set of trustee zones are formally established and in full force and effect.

All other matters relating to school-community library public district trustee zones shall be as provided in chapters 4 and 5, title 33, Idaho Code, relating to school district trustee zones.

(2) The fifth trustee of the school-community library district board shall be a member of the school district board and shall be appointed by the school district board from its members at the annual meeting of the school district board. In the case of division of the district into four (4) elected school-community public library trustee zones, this fifth trustee shall serve as a trustee member-at-large.

(3) The initial board, except for the fifth trustee who shall be appointed by the school board, shall be appointed by the board of county commissioners, and shall serve until the next annual election of trustees or until their successors are appointed and qualified.

History:

[33-2738, added 1992, ch. 275, sec. 2, p. 849; am. 1996, ch. 71, sec. 31, p. 234.]
Idaho Code § 33-1002B — Idaho Code / Title 33 / Chapter 10 / Section 33-1002B
33-1002B PUPIL TUITION-EQUIVALENCY ALLOWANCES.
Status: in_force

33-1002B. Pupil tuition-equivalency allowances. 1. Districts which educate pupils placed by Idaho court order in licensed homes, agencies, institutions or juvenile detention facilities shall be eligible for an allowance equivalent to forty-two percent (42%) of the previous year's gross per pupil cost calculated on a daily basis. This district allowance shall be in addition to support unit funding and included in district apportionment payments, subject to approval of district applications by the state superintendent of public instruction.

2. Districts which educate pupils placed by Idaho court order in a juvenile detention facility with a summer school program shall be eligible for an allowance equivalent to one-half (1/2) of forty-two percent (42%) of the previous year's gross per pupil cost calculated on a daily basis. This district allowance shall be in addition to support unit funding and included in district apportionment payments, subject to approval of district applications by the state superintendent of public instruction.

3. Districts which educate school age special education students who, due to the nature and severity of their disabilities, are residing in licensed public or private residential facilities or homes, and whose parents are not patrons of the district, shall be eligible for an allowance equivalent to forty-two percent (42%) of the previous year's gross per pupil cost per child plus the excess cost rate that is annually determined by the state superintendent of public instruction. This district allowance shall be in addition to exceptional education support unit funding and included in district apportionment payments, subject to approval of district applications by the state superintendent of public instruction.

4. For school age special education students from outside the state of Idaho who, due to the nature and severity of their disabilities, are residing in licensed public or private residential facilities within the state of Idaho, the local school district shall provide education services to such students if requested by the licensed public or private residential facility, provided that the local school district has been given the opportunity to provide input on any federally required education plans for any such students. A local school district providing education services for such students shall sign a contract with any such licensed public or private residential facilities, which contract shall delineate the education services to be provided by the local school district and the amount to be paid by the licensed public or private residential facility. The amount paid shall be equal to the local school district's full cost of providing the education services delineated by the contract, as determined by the local school district. Such students shall be excluded from all average daily attendance and other reports provided to the state that would result in the distribution of state funding to the local school district.

5. For school age nonspecial education students from outside the state of Idaho who are residing in licensed public or private residential facilities within the state of Idaho, the local school district may provide education services to such students if requested by the licensed public or private residential facility. A local school district providing education services for such students shall sign a contract with any such licensed public or private residential facilities, which contract shall delineate the education services to be provided by the local school district and the amount to be paid by the licensed public or private residential facility. The amount paid shall be equal to the local school district's full cost of providing the education services delineated by the contract, as determined by the local school district. Such students shall be excluded from all average daily attendance and other reports provided to the state that would result in the distribution of state funding to the local school district.

History:

[33-1002B, added 1994, ch. 428, sec. 3, p. 1375; am. 1994, ch. 440, sec. 2, p. 1413; am. 1996, ch. 133, sec. 1, p. 457; am. 2001, ch. 93, sec. 2, p. 234; am. 2001, ch. 252, sec. 1, p. 917; am. 2008, ch. 401, sec. 1, p. 1104; am. 2013, ch. 169, sec. 1, p. 389.]
Idaho Code § 33-2301 — Idaho Code / Title 33 / Chapter 23 / Section 33-2301
33-2301 ACCEPTANCE OF FEDERAL ACTS.
Status: in_force

33-2301. Acceptance of federal acts. The state of Idaho hereby renews its acceptance of the provisions and benefits of the act of Congress, entitled "An act to provide for the promotion of vocational rehabilitation of persons with disabilities, other than those who are legally blind, and their return to employment," and further accepts "The Rehabilitation Act of 1973," P.L. 93-112, 93rd Congress, as amended by the "Workforce Innovation and Opportunity Act of 2014," P.L. 113-128, 113th Congress, and all subsequent amendments thereto, and will observe and comply with all requirements of such acts.

History:

[(33-2301) 1921, ch. 44, sec. 1, p. 70; I.C.A., sec. 32-1801; am. 1957, ch. 139, sec. 1, p. 231; am. 1967, ch. 7, sec. 1, p. 10; am. 1969, ch. 272, sec. 1, p. 814; am. 1974, ch. 105, sec. 1, p. 1274; am. 1978, ch. 12, sec. 1, p. 24; am. 1980, ch. 254, sec. 1, p. 666; am. 1985, ch. 6, sec. 1, p. 10; am. 1987, ch. 4, sec. 1, p. 4; am. 1993, ch. 183, sec. 1, p. 465; am. 1994, ch. 46, sec. 1, p. 75; am. 1995, ch. 2, sec. 1, p. 9; am. 1999, ch. 14, sec. 1, p. 22; am. 2016, ch. 41, sec. 1, p. 91.]
Idaho Code § 33-5405 — Idaho Code / Title 33 / Chapter 54 / Section 33-5405
33-5405 TAXATION TO BENEFICIARY.
Status: in_force

33-5405. Taxation to beneficiary. The designated beneficiary, as defined in section 529(e)(1) of the Internal Revenue Code, from an individual trust account or savings account established under this chapter is liable for taxes that may accrue under chapter 30, title 63, Idaho Code, when a nonqualified withdrawal is received by the designated beneficiary.

History:

[33-5405, added 2000, ch. 213, sec. 1, p. 580; am. 2020, ch. 245, sec. 3, p. 719.]
Idaho Code § 33-3904 — Idaho Code / Title 33 / Chapter 39 / Section 33-3904
33-3904 REPORTS.
Status: in_force

33-3904. Reports. The Idaho archaeological survey shall annually, on or before the first day of January, make to the governor of the state and to the board of trustees of the Idaho state historical society and the board of regents of the university of Idaho a report detailing major events during the preceding year concerning the archaeological resources of the state, a report of its expenditures and of the work of the survey during the preceding year, and budget requests for the following year; and it shall make a similar report of its doings and its expenditures to the state legislature through the legislative council.

History:

[33-3904, added 1992, ch. 116, sec. 1, p. 389; am. 2009, ch. 167, sec. 8, p. 501.]
Idaho Code § 33-1274 — Idaho Code / Title 33 / Chapter 12 / Section 33-1274
33-1274 APPOINTMENT OF MEDIATORS — COMPENSATION.
Status: in_force

33-1274. Appointment of mediators — Compensation. In the event the parties in negotiations are not able to come to an agreement upon items submitted for negotiations under a negotiations agreement between the parties, one or more mediators may be appointed. The issue or issues in dispute shall be submitted to mediation at the request of either party in an effort to induce the representatives of the board and the local education organization to resolve the conflict. The procedures for appointment of and compensation for the mediators shall be determined by both parties.

History:

[33-1274, added 1971, ch. 103, sec. 4, p. 223; am. 1989, ch. 294, sec. 4, p. 723.]
Idaho Code § 33-5007 — Idaho Code / Title 33 / Chapter 50 / Section 33-5007
33-5007 REVIEWING COMPLIANCE.
Status: in_force

33-5007. Reviewing compliance. Compliance with this chapter is determined in light of the facts and circumstances existing at the time a decision is made or action is taken, and not by hindsight.

History:

[33-5007, added 2007, ch. 173, sec. 2, p. 516.]
Idaho Code § 33-2908 — Idaho Code / Title 33 / Chapter 29 / Section 33-2908
33-2908 ASSENT TO ACT OF MAY 22, 1928 — AGRICULTURAL EXTENSION WORK.
Status: in_force

33-2908. Assent to act of May 22, 1928 — Agricultural extension work. The state of Idaho hereby assents to the provisions and requirements of an act of Congress approved May 22, 1928, entitled "An act to provide for the further development of agricultural extension work between the agricultural colleges in the several states receiving the benefits of the act entitled 'An act donating public lands of the several states and territories which may provide colleges for the benefit of agriculture and the mechanic arts' approved July 2, 1862, and all acts supplementary thereto, and the United States Department of Agriculture"; and hereby authorizes the state board of education and board of regents of the University of Idaho to receive the grants of money appropriated under said act and to organize and conduct agricultural extension work which shall be carried on in connection with the college of agriculture of the state university in accordance with the terms and conditions expressed in the said act of Congress.

History:

[(33-2908) 1929, ch. 269, sec. 1, p. 27; I.C.A., sec. 32-2408.]
Idaho Code § 33-2116 — Idaho Code / Title 33 / Chapter 21 / Section 33-2116
33-2116 DORMITORY HOUSING PROJECTS — STUDENT UNION BUILDINGS — FINDING AND DECLARATION OF NECESSITY.
Status: in_force

33-2116. Dormitory housing projects — Student union buildings — Finding and declaration of necessity. It is hereby declared: That in certain communities within the state wherein junior college districts have been created there are and will be insufficient housing and other facilities for students desiring to attend such junior colleges, and that it is in the community interest to provide adequate low-cost dormitories and student union buildings for students desiring to attend such institutions; that private sources cannot provide the types of such housing and facilities required for such students within the cost which said students may pay; that it is determined to be desirable that such dormitories and student union buildings be constructed from moneys obtained from other than ad valorem taxes and without any liability, debt or encumbrance upon junior college districts; and the necessity and the public interest in the provisions hereinafter enacted are hereby declared as a matter of legislative determination.

History:

[33-2116, added 1957, ch. 87, sec. 1, p. 137; am. 1961, ch. 30, sec. 1, p. 40.]
Idaho Code § 33-118B — Idaho Code / Title 33 / Chapter 1 / Section 33-118B
33-118B CURRICULAR MATERIALS — ADOPTION OF CONTENT STANDARDS.
Status: in_force

33-118B. CURRICULAR MATERIALS — adoption of content standards. [effective until june 30, 2027] (1) Effective July 1, 2022, the Idaho content standards for English language arts and literacy, mathematics, and science shall be the content standards prepared by the 2020-2021 standards review committee dated January 3, 2022.

(2) The state department of education shall take any necessary action to begin alignment of the required standards assessment with the content standards set forth in this section by July 1, 2022.

(3) The content standards implemented by this section shall be adopted for five (5) years. The content standards implemented by this section shall be subject to a review and adoption cycle that shall conclude June 30, 2027.

(4) The board of education is authorized to immediately promulgate temporary rules and to engage in negotiated rulemaking for the purposes of:

(a) Implementing the content standards required pursuant to this section; and

(b) Implementing revised and updated content standards pursuant to the review and adoption cycle established in subsection (3) of this section.

(5) The board of education shall immediately coordinate with the United States department of education to ensure that Idaho is implementing a plan to meet the requirements of the every student succeeds act of 2015, 20 U.S.C. 6301-7981.

(6) The board of trustees of each school district shall have until June 30, 2024, to incorporate curricular materials that reflect the Idaho content standards.

(7) Nothing contained in chapter 52, title 67, Idaho Code, shall supersede this section.

History:

[33-118B, added 2022, ch. 175, sec. 2, p. 570.]
Idaho Code § 33-5105 — Idaho Code / Title 33 / Chapter 51 / Section 33-5105
33-5105 DISSEMINATION OF INFORMATION — NOTIFICATION OF INTENT TO ENROLL.
Status: in_force

33-5105. Dissemination of information — Notification of intent to enroll. By March 1 of each year, a school district shall provide general information about the program to all secondary pupils.

History:

[33-5105, added 1997, ch. 283, sec. 1, p. 861; am. 2014, ch. 27, sec. 4, p. 38.]
Idaho Code § 33-802A — Idaho Code / Title 33 / Chapter 8 / Section 33-802A
33-802A COMPUTATION OF BOND AND BOND INTEREST LEVIES.
Status: in_force

33-802A. Computation of bond and bond interest levies. When the board of trustees of any school district determines and makes a levy allowed by section 33-802, Idaho Code, and incorporates such levy as a part of the school district's budget to service all maturing bond and bond interest payments for the ensuing property tax year, it shall take into consideration any balances remaining or that may remain in its bond interest and redemption fund after meeting its bond and bond interest obligations for its current property tax year. The levy so made for the ensuing property tax year shall be an amount which, together with the balance in its bond interest and redemption fund remaining after meeting its current property tax year bond and bond interest obligations, shall satisfy all maturing bond and bond interest payments for at least the ensuing twelve (12) month property tax year, but shall not exceed one hundred twenty percent (120%) of the amount required for the payments for the ensuing twelve (12) month property tax year.

History:

[33-802A, added 1973, ch. 282, sec. 1, p. 597; reen. 1974, ch. 4, sec. 1, p. 20; am. 1974, ch. 171, sec. 1, p. 1430; am. 2002, ch. 159, sec. 1, p. 464; am. 2003, ch. 268, sec. 1, p. 718; am. 2006, 1st Ex. Sess., ch. 1, sec. 4, p. 45; am. 2024, ch. 237, sec. 8, p. 829.]
Idaho Code § 33-2110B — Idaho Code / Title 33 / Chapter 21 / Section 33-2110B
33-2110B RESIDENCY — RULES — APPEAL — STANDARDS FOR IN-DISTRICT, OUT-OF-DISTRICTAND OUT-OF-STATE STUDENTS.
Status: in_force

33-2110B. Residency — Rules — Appeal — Standards for in-district, out-of-district and out-of-state students. (1) For purposes of this chapter, an "in-district student" is:

(a) Any student whose parents or court-appointed guardians are domiciled in the community college district and provide more than fifty percent (50%) of his support. Domicile, as used in this section, means an individual's true, fixed and permanent home and place of habitation. It is the place where he intends to remain and to which he expects to return when he leaves without intending to establish a new domicile elsewhere. To qualify under this section, the parents or guardian must have resided continuously in the community college district for twelve (12) months next preceding the opening day of the term for which the student matriculates.

(b) Any student who receives less than fifty percent (50%) of his support from parents or legal guardians who are not residents of the community college district for voting purposes and who has continuously resided in the community college district for twelve (12) months next preceding the opening day of the period of instruction during which he proposes to attend the community college.

(c) The spouse of a person who is classified, or is eligible for classification, as a resident of the community college district for the purposes of attending that community college.

(d) A member of the armed forces of the United States, stationed in the community college district on military orders or who entered service as a resident of the community college district and who has maintained resident status, but is not stationed within the community college district on military orders.

(e) An officer or an enlisted member of the Idaho national guard.

(f) A student whose parents or guardians are members of the armed forces and stationed in the community college district on military orders and who receives fifty percent (50%) or more of support from parents or legal guardians. The student, while in continuous attendance, shall not lose his residence when his parents or guardians are transferred on military orders.

(g) A person separated, under honorable conditions, from the United States armed forces after at least two (2) years of active service, who at the time of separation designates the community college district as his intended domicile or who has the district as the home of record in service and enters the community college within one (1) year of the date of separation.

(h) Any individual who has been domiciled in the community college district, has qualified and would otherwise be qualified under the provisions of this statute and who is away from the district for a period of less than one (1) calendar year and has not established legal residence elsewhere, provided a twelve (12) month period of continuous residence has been established immediately prior to departure.

(2) A community college board of trustees shall adopt rules and regulations applicable to their college now or hereafter established to determine in-district, out-of-district and out-of-state residence status of any student and to establish procedures for review of that status.

(3) Appeal from a final determination denying resident status may be initiated by the filing of an action in the district court of the county in which the affected community college is located. An appeal from the district court shall lie as in all civil actions.

(4) Nothing contained herein shall prevent a community college board of trustees from waiving tuition to be paid by out-of-district, out-of-state or foreign students.

(5) Nothing contained herein shall prevent a community college board of trustees from establishing quotas, standards for admission, standards for readmission, or other terms and requirements governing persons who are not residents for purposes of the first two (2) years of postsecondary education.

History:

[33-2110B, added 1982, ch. 264, sec. 3, p. 679; am. 1983, ch. 113, sec. 2, p. 244; am. 2008, ch. 66, sec. 1, p. 169; am. 2014, ch. 75, sec. 1, p. 197; am. 2016, ch. 303, sec. 2, p. 855.]
Idaho Code § 33-1002F — Idaho Code / Title 33 / Chapter 10 / Section 33-1002F
33-1002F ALTERNATIVE SCHOOL REPORT.
Status: in_force

33-1002F. Alternative school report. Annually, prior to the tenth legislative day, the department of education shall file with the legislature a report detailing the alternative school programs within the state. On July 1 of each year, or as soon thereafter as feasible, each school district receiving moneys pursuant to the alternative school support units factor in section 33-1002, Idaho Code, or section 33-1002C, Idaho Code, shall file with the state department a comprehensive report of the amount of money received in the district, the expenditure on alternative school programs, and the programs provided. This information shall be compiled by the department for transmission to the legislature.

History:

[(33-1002F) 33-1002D, added 1995, ch. 108, sec. 1, p. 341; am. and redesig. 1996, ch. 146, sec. 3, p. 482; am. 2015, ch. 302, sec. 3, p. 1187.]
Idaho Code § 33-510 — Idaho Code / Title 33 / Chapter 5 / Section 33-510
33-510 ANNUAL MEETINGS — REGULAR MEETINGS — BOARDS OF TRUSTEES.
Status: in_force

33-510. Annual meetings — Regular meetings — Boards of trustees. (1) The annual meeting of each school district shall be on the date of its regular January meeting in each year. Notice of the annual meeting of elementary school districts shall be given as provided in section 33-402, Idaho Code, but one (1) publication shall suffice.

(2) Regular meetings of each board of school district trustees shall be held monthly, on a uniform day of a uniform week as determined at the annual meeting. Special meetings may be called by the chairman or by any two (2) members of the board and held at any time. If the time and place of special meetings shall not have been determined at a meeting of the board with all members being present, then notice of the time and place shall be given to each member and announced by written notice conspicuously posted at the school district office and at least two (2) or more public buildings within the school district no less than twenty-four (24) hours before such special meeting is to be convened.

(3) A quorum for the transaction of business of the board of trustees shall consist of a majority of the members of the board. In the event of one (1) or more vacancies on the board of trustees pursuant to section 33-504, Idaho Code, the transaction of business shall be permitted if a majority of the remaining members of the board are present. Unless otherwise provided by law, all questions shall be determined by a majority of the votes cast. The chairman of the board may vote in all cases.

(4) Each board of trustees shall:

(a) Adopt rules of order and procedure to govern its regular meetings;

(b) Conduct its regular meetings in accordance with the rules of order and procedure as adopted pursuant to paragraph (a) of this subsection; and

(c) Make the rules of order and procedure pursuant to paragraph (a) of this subsection available to the public at each regular meeting of the board of trustees and on the local school district's and board of trustees' website, if available.

(5) Each board of trustees shall provide the opportunity for members of the public residing in the school district to comment on school and education matters at regular meetings of the board of trustees. Each board of trustees shall hear public comment, if offered by a member of the public, prior to taking action on an agenda item. Nothing in this subsection restricts a board of trustees from establishing reasonable standards for the public comment period of the meeting, including time limits and conduct standards.

(6) Public comment related to subject matter that would authorize the board of trustees to enter an executive session pursuant to section 74-206(1), Idaho Code, shall not be permitted.

(7) Members of the public residing in the school district shall be permitted to request the addition of an item directly related to school district business to the agenda of a regular meeting of the board of trustees. The decision to add an item to the agenda of a regular board meeting shall be made pursuant to the rules of order and procedure as adopted pursuant to subsection (4)(a) of this section.

(8) All meetings shall conform to the provisions of chapter 2, title 74, Idaho Code.

History:

[33-510, added 1963, ch. 13, sec. 60, p. 27; am. 1973, ch. 62, sec. 1, p. 102; am. 1976, ch. 66, sec. 1, p. 233; am. 1977, ch. 51, sec. 1, p. 101; am. 1977, ch. 52, sec. 1, p. 102; am. 1978, ch. 137, sec. 1, p. 312; am. 2011, ch. 151, sec. 16, p. 426; am. 2015, ch. 141, sec. 61, p. 423; am. 2018, ch. 164, sec. 5, p. 325; am. 2024, ch. 133, sec. 1, p. 531; am. 2024, ch. 219, sec. 2, p. 774; am. 2025, ch. 89, sec. 1, p. 405.]
Idaho Code § 33-4201 — Idaho Code / Title 33 / Chapter 42 / Section 33-4201
33-4201 NORTH IDAHO COLLEGE.
Status: in_force

33-4201. North Idaho College. That the educational institution located in Coeur d'Alene, Idaho, heretofore known as North Idaho Junior College, shall be known after the effective date of this act as North Idaho College; and wherever the name North Idaho Junior College shall appear in any statute, such statute hereby is amended to read North Idaho College 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 North Idaho College.

History:

[33-4201, added 1971, ch. 68, sec. 1, p. 154.]
Idaho Code § 33-1018C — Idaho Code / Title 33 / Chapter 10 / Section 33-1018C
33-1018C PUBLIC EDUCATION STABILIZATION FUND — REPLACEMENT FUNDS.
Status: in_force

33-1018C. public education stabilization fund — replacement funds. In the event that moneys are withdrawn from the public education stabilization fund for the circumstances authorized pursuant to section 33-1018, Idaho Code, then the joint finance-appropriations committee shall consider transferring the amount of the withdrawal as a supplemental appropriation to the public education stabilization fund for the current fiscal year.

History:

[33-1018C, added 2017, ch. 211, sec. 2, p. 515; am. 2024, ch. 237, sec. 33, p. 847.]
Idaho Code § 33-2812 — Idaho Code / Title 33 / Chapter 28 / Section 33-2812
33-2812 DEPARTMENTS OF UNIVERSITY.
Status: in_force

33-2812. Departments of university. The object of the University of Idaho shall be to provide the means of acquiring a thorough knowledge of the various branches of learning connected with the scientific, industrial and professional pursuits, and to this end it shall consist of the following colleges or departments, to wit:

1. The college or department of arts.

2. The college or department of letters.

3. The professional or other colleges or departments, as may from time to time be added thereto or connected therewith.

History:

[(33-2812) 1888-1889, p. 21, sec. 9; reen. R.C. & C.L., sec. 496; C.S., sec. 1065; I.C.A., sec. 32-2312.]
Idaho Code § 33-2102 — Idaho Code / Title 33 / Chapter 21 / Section 33-2102
33-2102 COURSES OF STUDY.
Status: in_force

33-2102. Courses of study. A community college established pursuant to the provisions of this chapter shall give instruction in academic subjects, and in such nonacademic subjects as shall be authorized by its board of trustees.

The academic courses given and the instruction therein shall be of the same standard as the same are given and taught in the first two (2) years of any other state institution of higher education, and credits therefor shall be accepted by other state institutions for credit toward a baccalaureate degree, pursuant to section 33-3728, Idaho Code.

History:

[33-2102, added 1963, ch. 363, sec. 2, p. 1037; am. 1987, ch. 48, sec. 2, p. 77; am. 2018, ch. 96, sec. 1, p. 204.]
Idaho Code § 33-1806 — Idaho Code / Title 33 / Chapter 18 / Section 33-1806
33-1806 READING AND LITERACY ASSESSMENT.
Status: in_force

33-1806. reading and literacy assessment. (1) The state department of education shall be responsible for administration of all assessment efforts and shall train LEA-level assessment personnel and report results.

(2) In continuing recognition of the critical importance of reading skills, all public school students in kindergarten through grade 3 shall have their reading skills assessed. For purposes of this assessment, the Idaho comprehensive literacy plan shall be the reference document. The kindergarten assessment shall include reading readiness and phonological awareness. Grades 1, 2, and 3 shall test for fluency, comprehension, and accuracy of the student's reading. The assessment shall be by a single statewide test specified by the state board of education, and the state department of education shall ensure that testing shall take place no fewer than two (2) times per year in the relevant grades. Additional assessments may be administered to students who are identified for reading interventions as set forth in section 33-1805, Idaho Code. The state K-3 assessment test results shall be reviewed by school personnel for the purpose of providing necessary interventions to sustain or improve the students' reading skills. Results shall show for each school building with kindergarten through grade 3 in each school district and charter school the percentage of students who are achieving proficiency on the statewide reading assessment. Such results shall be maintained and compiled by the state department of education and shall be reported annually to the public through the state education dashboard and reported to the state board of education, the legislature, and the governor in a consistent manner, by school and by district.

(3) The assessment scores and interventions recommended and implemented shall be maintained in the permanent record of each student.

(4) The administration of the state K-3 assessments is to be done in the local school districts by individuals chosen by the district other than the regular classroom teacher. All those who administer the assessments shall be trained by the state department of education.

(5) It is the legislature's intent that curricular materials utilized by school districts for kindergarten through grade 3 shall be tied to evidence-based best practices and aligned with the Idaho comprehensive literacy plan.

History:

[33-1806, added 2021, ch. 292, sec. 5, p. 877.]
Idaho Code § 33-514 — Idaho Code / Title 33 / Chapter 5 / Section 33-514
33-514 ISSUANCE OF ANNUAL CONTRACTS — SUPPORT PROGRAMS — CATEGORIES OF CONTRACTS — OPTIONAL PLACEMENT.
Status: in_force

33-514. Issuance of annual contracts — Support programs — Categories of contracts — Optional placement. (1) The board of trustees shall establish criteria and procedures for the supervision and evaluation of certificated employees who are not employed on a renewable contract, as provided for in section 33-515, Idaho Code.

(2) There shall be three (3) categories of annual contracts available to local school districts under which to employ certificated personnel:

(a) A category 1 contract is a limited one (1) year contract as provided in section 33-514A, Idaho Code.

(b) A category 2 contract is for certificated personnel in the first and second years of continuous employment with the same school district. Upon the decision by a local school board not to reemploy the person for the following year, the certificated employee shall be provided a written statement of reasons for non-reemployment by no later than the first day of July. No property rights shall attach to a category 2 contract and therefore the employee shall not be entitled to a review by the local board of the reasons or decision not to reemploy.

(c) A category 3 contract is for certificated personnel during the third year of continuous employment by the same school district. Any employee who has not completed nontraditional route program requirements while on a three (3) year interim certificate and has reached a category 3 contract status may not advance beyond a category 3 contract status and will be held at the category 3 status, regardless of having been continuously employed by the same school district for more than three (3) years, until such time as the nontraditional route program requirements have been met and a five (5) year renewable certificate has been issued. When any category 3 contract employee's work is found to be unsatisfactory, a defined period of probation shall be established by the board, but in no case shall a probationary period be less than eight (8) weeks. After the probationary period, action shall be taken by the board as to whether the employee is to be retained, immediately discharged, discharged upon termination of the current contract or reemployed at the end of the contract term under a continued probationary status. Notwithstanding the provisions of sections 74-205 and 74-206, Idaho Code, a decision to place certificated personnel on probationary status may be made in executive session and the employee shall not be named in the minutes of the meeting. A record of the decision shall be placed in the employee's personnel file. This procedure shall not preclude recognition of unsatisfactory work at a subsequent evaluation and the establishment of a reasonable period of probation. In all instances, the employee shall be duly notified in writing of the areas of work that are deficient, including the conditions of probation. Each such certificated employee on a category 3 contract shall be given notice, in writing, whether he or she will be reemployed for the next ensuing year. Such notice shall be given by the board of trustees no later than the first day of July of each such year. If the board of trustees has decided not to reemploy the certificated employee, then the notice must contain a statement of reasons for such decision and the employee shall, upon request, be given the opportunity for an informal review of such decision by the board of trustees. The parameters of an informal review shall be determined by the local board.

(3) School districts hiring an employee who has been on renewable contract status with another Idaho district, or has out-of-state experience which would otherwise qualify the certificated employee for renewable contract status in Idaho, shall have the option to immediately grant renewable contract status, or to place the employee on a category 3 annual contract. Such employment on a category 3 contract under the provisions of this subsection may be for one (1), two (2) or three (3) years.

(4) There shall be a minimum of one (1) written evaluation in each of the annual contract years of employment, which shall be completed no later than June 1 of each year. The evaluation shall include a minimum of two (2) documented observations, one (1) of which shall be completed prior to January 1 of each year. The requirement to provide at least one (1) written evaluation does not exclude additional evaluations that may be performed. No civil action for money damages shall arise for failure to comply with the provisions of this subsection.

History:

[33-514, added 1984, ch. 286, sec. 9, p. 666; am. 2000, ch. 66, sec. 1, p. 148; am. 2005, ch. 340, sec. 2, p. 1064; am. 2013, ch. 298, sec. 2, p. 787; am. 2013, ch. 353, sec. 1, p. 954; am. 2015, ch.141, sec. 62, p. 423; am. 2016, ch. 191, sec. 2, p. 530; am. 2021, ch. 96, sec. 1, p. 325.]
Idaho Code § 33-5213 — Idaho Code / Title 33 / Chapter 52 / Section 33-5213
33-5213 PUBLIC CHARTER SCHOOL COMMISSION.
Status: in_force

33-5213. PUBLIC CHARTER SCHOOL COMMISSION. (1) There is hereby created an independent public charter school commission under the state board of education. The commission is hereby authorized to appoint a director who shall serve at the pleasure of the commission and shall receive such salary as fixed by the commission. It shall be the responsibility and duty of the director acting at the direction of the commission to administer and enforce the provisions of this chapter and to foster and support charter schools through effective partnerships with other state agencies. The director shall hire such staff as may be necessary to assist in carrying out the provisions of this chapter.

(2) The public charter school commission shall adopt policies regarding the governance and administration of the commission consistent with legislative intent and section 67-5207A, Idaho Code.

(3) The commission shall be composed of seven (7) members appointed by the governor, subject to the advice and consent of the senate.

(4) The term of office for commission members shall be four (4) years. In making such appointments, the governor shall consider regional balance without reference to party affiliation. Members appointed to the commission shall collectively possess strong experience and expertise in public and nonprofit governance, management and finance, public school leadership, assessment, curriculum and instruction, and public education law. All members of the commission shall have demonstrated understanding of and commitment to charter schools as a strategy for strengthening public education by providing additional education choices from which parents can choose. Members of the commission shall hold office until the expiration of the term to which the member was appointed and until a successor has been duly appointed, unless sooner removed for cause by the governor. Whenever a vacancy occurs, the governor shall appoint a qualified person to fill the vacancy for the unexpired portion of the term.

(5) All members of the commission shall be citizens of the United States and residents of the state of Idaho for no less than two (2) years.

(6) The members of the commission shall elect a chair and a vice chair every two (2) years. The chair shall preside at meetings of the commission, and the vice chair shall preside at such meetings in the absence of the chair.

(7) Each member of the commission not otherwise compensated by public moneys shall be compensated as provided in section 59-509(h), Idaho Code.

History:

[33-5213, added 2024, ch. 9, sec. 37, p. 80.]
Idaho Code § 33-1004C — Idaho Code / Title 33 / Chapter 10 / Section 33-1004C
33-1004C BASE AND MINIMUM SALARIES — EDUCATION AND EXPERIENCE INDEX.
Status: in_force

33-1004C. Base and minimum salaries — Education and experience index. (1) The following shall be reviewed annually by the legislature:

(a) The base salary figures pursuant to subsections (6) and (7) of section 33-1004E, Idaho Code; and

(b) The minimum instructional and pupil service staff salary figure pursuant to subsections (1) through (5) of section 33-1004E, Idaho Code.

(2) The statewide education and experience index (or state average index, or state index) is the average of all qualifying employees, instructional and administrative, respectively. It is determined by totaling the index value for all qualifying employees and dividing by the number of employees.

History:

[33-1004C, added 1994, ch. 428, sec. 7, p. 1377; am. 2014, ch. 83, sec. 3, p. 232; am. 2015, ch. 229, sec. 7, p. 714; am. 2016, ch. 245, sec. 5, p. 651; am. 2020, ch. 270, sec. 3, p. 788; am. 2022, ch. 3, sec. 4, p. 15.]
Idaho Code § 33-404 — Idaho Code / Title 33 / Chapter 4 / Section 33-404
33-404 PLACES ELECTIONS TO BE HELD.
Status: in_force

33-404. Places elections to be held. In elections involving excision and annexation of territory, or the consolidation of school districts, or the division of a school district, each notice of election shall designate that polling places shall be established, as follows:

In an election involving excision and annexation of territory, polling places shall be established pursuant to section 34-302, Idaho Code, in the district to which the territory or area is to be annexed; in the territory or area to be annexed; and in the remainder of the school district from which the territory or area is to be excised.

In an election involving consolidation of school districts, polling places shall be established pursuant to section 34-302, Idaho Code.

In an election involving the division of a school district, polling places shall be established pursuant to section 34-302, Idaho Code.

In any school election held within a joint school district, polling places shall be designated and established pursuant to section 34-302, Idaho Code, within such district, in each county.

History:

[(33-404) 1963, ch. 13, sec. 47, p. 27; am. and redesignated 1982, ch. 60, sec. 7, p. 112; am. 1983, ch. 37, sec. 1, p. 88; am. 2009, ch. 341, sec. 34, p. 1016.]
Idaho Code § 33-125 — Idaho Code / Title 33 / Chapter 1 / Section 33-125
33-125 STATE DEPARTMENT OF EDUCATION — CREATION — DUTIES.
Status: in_force

33-125. State department of education — Creation — Duties. There is hereby established as an executive agency of the state board of education a department known as the state department of education. The state superintendent shall serve as the executive officer of such department and shall have the responsibility for carrying out policies, procedures and duties authorized by law or established by the state board of education for all elementary and secondary school matters, and to administer grants for the promotion of science education as provided in sections 33-128 and 33-129, Idaho Code.

History:

[33-125, added 1972, ch. 126, sec. 1, p. 249; am. 1974, ch. 10, sec. 7, p. 49; am. 1991, ch. 139, sec. 1, p. 330; am. 2008, ch. 260, sec. 2, p. 753; am. 2016, ch. 182, sec. 4, p. 494.]
Idaho Code § 33-1007A — Idaho Code / Title 33 / Chapter 10 / Section 33-1007A
33-1007A FEASIBILITY STUDY AND PLAN FOR SCHOOL CLOSURES AND/OR SCHOOL DISTRICT CONSOLIDATION.
Status: in_force

33-1007A. Feasibility study and plan for school closures and/or school district consolidation. (1) The state superintendent of public instruction shall determine the reimbursable costs to any school district which are incurred under the provisions of section 33-310B, Idaho Code. The school district shall be entitled to reimbursement of all allowable costs pursuant to rules and regulations promulgated by the state board of education.

(2) In school districts where the implementation of a school closure plan requires the consolidation of one or more schools, the support program allowance for the consolidated school for a seven (7) year period following school consolidation, shall not be less than the combined support program allowance of the component schools in the last year of operation.

History:

[33-1007A, added 1989, ch. 296, sec. 4, p. 728.]
Idaho Code § 33-4106 — Idaho Code / Title 33 / Chapter 41 / Section 33-4106
33-4106 CONTRACTS KEPT ON FILE — PUBLISHED.
Status: in_force

33-4106. Contracts kept on file — Published. True copies of all contracts made on behalf of the state of Idaho pursuant to the agreement shall be kept on file with the state board of education. The state board of education shall publish all such contracts in convenient form.

History:

[33-4106, added 1969, ch. 194, sec. 3, p. 565; am. 1991, ch. 30, sec. 5, p. 62.]