Idaho Code § 33-145 — Idaho Code / Title 33 / Chapter 1 / Section 33-145
33-145 IDAHO STUDENT SAFETY AND EDUCATOR DISCLOSURE ACT.
Status: in_force

33-145. Idaho Student Safety and Educator Disclosure Act. (1) The legislature finds that student safety is a paramount responsibility of the state and that uniform statewide reporting and disclosure requirements in the hiring of school employees is necessary to protect good faith disclosures and prevent concealment of misconduct against a student.

(2) For the purposes of this section:

(a) "Covered individual" means any school personnel.

(b) "Educational entity" means any school district, public charter school, or private school providing instruction in kindergarten through grade 12, inclusive, or any combination thereof.

(c) "Misconduct" means any conduct by a covered individual that violates the provisions of section 33-1208, Idaho Code, relating to educator-student relationships or the code of ethics for Idaho professional educators relating to educator-student relationships.

(d) "Pending investigation" means any internal, administrative, regulatory, or criminal investigation that has been initiated and has not reached a final disposition.

(3) An educational entity shall not conduct an internal review or investigation of alleged abuse, abandonment, or neglect of a child in lieu of reporting to law enforcement as required by section 16-1605, Idaho Code. Nothing in this subsection shall be construed to prohibit an educational entity from taking administrative or employment action or conducting an internal review or investigation after a report has been made in compliance with section 16-1605, Idaho Code.

(4) Prior to hiring an applicant, an educational entity that is a school district employer shall require an applicant to provide sworn written statements disclosing any pending or prior investigations, resignations during investigations or in lieu of contemplated disciplinary action, or disciplinary actions involving the applicant for misconduct in connection with employment or professional licensure or certification. Any applicant who makes a material misrepresentation or willful omission related to the disclosure statements or information required in this subsection shall be subject to immediate termination of employment or rescission of such applicant's offer of employment or employment contract.

(5)(a) Prior to hiring an applicant, any educational entity that is not a school district employer shall:

(i) Require the applicant to sign a statement authorizing the applicant's current and past employers for the past ten (10) years to provide the hiring educational entity with information regarding any pending or prior investigations, resignations during investigations or in lieu of contemplated disciplinary action, or disciplinary actions for misconduct involving the applicant; and

(ii) Request in writing, electronic or otherwise, that the applicant's current and past employers for the past ten (10) years provide the information described in subparagraph (i) of this paragraph, if any. The request shall include a copy of the statement signed by the applicant provided in subparagraph (i) of this paragraph. The process provided in section 33-1210(2), Idaho Code, shall apply to requests made by educational entities pursuant to this subsection.

(b) An applicant's current or past employers shall respond to any request received pursuant to this subsection. An educational entity shall release such current and past employers, including employees acting on behalf of an employer, from any civil liability for providing such information in good faith. A disclosure made pursuant to this section shall be considered to be made in good faith unless the employer knew the information disclosed was false or misleading.

(6) Any resignation during investigations or in lieu of contemplated disciplinary action, termination, or administrative leave that occurs during an investigation of misconduct by a covered individual shall be referred to the Idaho professional standards commission if the covered individual holds an Idaho educator certificate. If the Idaho professional standards commission takes disciplinary action against a covered individual as a result of the information it receives pursuant to this subsection, the commission shall update the covered individual's certification status accordingly.

(7) A private school employee may bring a claim against a private school employer under the provisions of chapter 21, title 6, Idaho Code, only if the employee's good faith allegations made pursuant to the provisions of section 6-2104, Idaho Code, involve misconduct or a violation or suspected violation of section 16-1605, Idaho Code. All provisions of chapter 21, title 6, Idaho Code, shall apply to such a claim. For purposes of such claim, the private school employer shall be considered an employer as that term is defined in section 6-2103, Idaho Code, and the private school employee shall be considered an employee as that term is defined in section 6-2103, Idaho Code.

History:

[33-145, added 2026, ch. 248, sec. 1, p. 1048.]
Idaho Code § 33-5201 — Idaho Code / Title 33 / Chapter 52 / Section 33-5201
33-5201 SHORT TITLE.
Status: in_force

33-5201. short title. This chapter shall be known and may be cited as the "Accelerating Public Charter Schools Act."

History:

[33-5201, added 2024, ch. 9, sec. 2, p. 62.]
Idaho Code § 33-2302 — Idaho Code / Title 33 / Chapter 23 / Section 33-2302
33-2302 CUSTODY AND DISBURSEMENT OF FUNDS.
Status: in_force

33-2302. Custody and disbursement of funds. The state treasurer is hereby designated and appointed custodian of all moneys received by the state from appropriations made by the congress of the United States for the vocational rehabilitation of persons with disabilities, other than those who are legally blind, and is authorized to receive and provide for the proper custody of the same and to make disbursements therefrom upon the order of the state board herein designated.

History:

[(33-2302) 1921, ch. 44, sec. 2, p. 70; I.C.A., sec. 32-1802; am. 1994, ch. 46, sec. 2, p. 75.]
Idaho Code § 33-2741 — Idaho Code / Title 33 / Chapter 27 / Section 33-2741
33-2741 PUBLIC LIBRARY — INTERNET USE POLICY REQUIRED.
Status: in_force

33-2741. public library — internet use policy required. (1) Public libraries receiving public moneys and governed by the provisions of chapters 26 and 27, title 33, Idaho Code, that offer use of the internet or an online service to the public:

(a) (i) Shall have in place a policy of internet safety for minors including the operation of a technology protection measure with respect to any publicly accessible wireless internet access or publicly accessible computers with internet access and that protects against access through such computers or wireless internet access to visual depictions that are obscene or child pornography or harmful to minors; and

(ii) Shall enforce the operation of such technology protection measure during any use of a computer or wireless internet access by a minor.

(b) (i) Shall have in place a policy of internet safety, which may include the operation of a technology protection measure with respect to any publicly accessible wireless internet access or publicly accessible computers with internet access and that protects against access through such computers or wireless internet access to visual depictions that are obscene or child pornography; and

(ii) May enforce the operation of such technology protection measure during any use of a computer or wireless internet access.

(2) The provisions of this section shall not prohibit a public library from limiting internet access or otherwise protecting against materials other than the materials specified in this section.

(3) An administrator, supervisor or other authorized representative of a public library may disable a technology protection measure described in subsection (1) of this section at the request of a library patron to enable access for lawful purposes.

(4) Each public library's policy shall be developed under the direction of the library's board of trustees, adopted in an open meeting and shall have an effective date. The board of trustees shall review the policy at least once every three (3) years. The policy shall reflect the most recent date of review.

(5) Notice of the availability of the policy shall be posted in a conspicuous place within the library for all patrons to observe. The board of trustees may issue any other public notice it considers appropriate to inform the community about the policy.

(6) The policy may:

(a) State that it restricts access to internet or online sites that contain material described in subsection (1) of this section and how the policy meets the requirements provided for in this section;

(b) Inform patrons that administrative procedures and guidelines for library staff to follow in enforcing the policy have been adopted and are available for review at the library; and

(c) Inform patrons that procedures for use by patrons and staff to handle complaints about the policy, its enforcement or about observed patron behavior have been adopted and are available for review at the library.

(7) For purposes of this section, the following terms shall have the following meanings:

(a) "Child pornography" means any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where:

(i) The production of such visual depiction involves the use of a minor engaging in sexually explicit conduct;

(ii) Such visual depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct; or

(iii) Such visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct.

(b) "Harmful to minors" means any picture, image, graphic image file or other visual depiction that:

(i) Taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex or excretion;

(ii) Depicts, describes or represents, in a patently offensive way with respect to what is suitable for minors, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or a lewd exhibition of the genitals; and

(iii) Taken as a whole, lacks serious literary, artistic, political or scientific value as to minors.

(c) "Minor" means anyone who has not attained the age of eighteen (18) years.

(d) "Obscene" means a depiction that:

(i) The average person, applying contemporary community standards, would find to appeal to the prurient interest;

(ii) Depicts or describes sexual conduct in a patently offensive way; and

(iii) Lacks serious literary, artistic, political or scientific value.

(e) "Public moneys" means any and all moneys belonging to or collected by the state or any political subdivision thereof including, but not necessarily limited to, any city, county, town or district therein.

(8) The provisions of this section shall have no effect on the provisions of section 33-132, Idaho Code.

History:

[33-2741, added 2011, ch. 260, sec. 1, p. 705; am. 2019, ch. 313, sec. 1, p. 936.]
Idaho Code § 33-212 — Idaho Code / Title 33 / Chapter 2 / Section 33-212
33-212 AUTHORITY TO CLOSE SCHOOLS TO PREVENT THE SPREAD OF INFECTIOUS DISEASE.
Status: in_force

33-212. AUTHORITY TO CLOSE SCHOOLS to prevent the spread of infectious disease. (1) Notwithstanding any provision of law or rule to the contrary, only the following person or entities shall have the authority to close schools or otherwise limit any aspect of school programs or activities to prevent the spread of contagious or infectious disease:

(a) The governor or state board of education, whose authority may apply statewide or to any area of the state; or

(b) A board of school district trustees as provided in section 33-512, Idaho Code, or the board of directors of a public charter school.

(2) Only a person or an entity listed in subsection (1) of this section shall have the authority to require, in schools or during school programs or activities, measures intended to prevent the spread of contagious or infectious disease.

(3) A decision by a person or an entity listed in subsection (1) of this section for schools to remain open or to reopen, or to require or not require measures in schools or during school programs or activities to prevent the spread of contagious or infectious disease, shall not constitute a violation of any order issued by the department of health and welfare pursuant to section 56-1003(7), Idaho Code; a district board of health pursuant to section 39-414(2), Idaho Code; or a city pursuant to section 50-304, Idaho Code.

History:

[33-212, added 2021, ch. 14, sec. 2, p. 35.]
Idaho Code § 33-2611 — Idaho Code / Title 33 / Chapter 26 / Section 33-2611
33-2611 REPORTS OF TRUSTEES.
Status: in_force

33-2611. Reports of trustees. The board of trustees shall annually, not later than the first day of January, file with the board of library commissioners a report of the operations of the library for the fiscal year just ended. The report shall be of such form and contain such information as the board of library commissioners may require, but in all cases must include a complete accounting of all financial transactions for the fiscal year being reported. The board shall also report to the city council and mayor as required in section 50-210, Idaho Code.

History:

[33-2611, added 1993, ch. 186, sec. 12, p. 472; am. 2006, ch. 235, sec. 9, p. 704.]
Idaho Code § 33-5001 — Idaho Code / Title 33 / Chapter 50 / Section 33-5001
33-5001 SHORT TITLE.
Status: in_force

33-5001. Short title. This chapter shall be known and may be cited as the "Uniform Prudent Management of Institutional Funds Act."

History:

[33-5001, added 2007, ch. 173, sec. 2, p. 512.]
Idaho Code § 33-4104 — Idaho Code / Title 33 / Chapter 41 / Section 33-4104
33-4104 INTERSTATE AGREEMENT ON QUALIFICATION OF EDUCATIONAL PERSONNEL.
Status: in_force

33-4104. Interstate Agreement on qualification of educational personnel. The interstate agreement on qualification of educational personnel is hereby enacted into law and entered into with all jurisdictions legally joining therein as outlined in the national association of state directors of teacher education and certification (NASDTEC) interstate agreement, 2010 – 2015 in the form substantially as follows:

ARTICLE I, PURPOSE.

The purpose of this interstate agreement is to provide a mechanism to inform the membership and the public of jurisdiction-specific requirements for educator licensure in each member jurisdiction.

ARTICLE II, ASSUMPTIONS.

(1) Education is a regulated profession.

(2) Each member jurisdiction has the authority to establish professional and ethical standards for preparation, licensure and continuing development of educators.

(3) Each member jurisdiction has the responsibility to adhere to federal requirements and guidelines regarding the qualification of educators.

(4) Understanding licensure requirements of the different member jurisdictions facilitates professional educator mobility.

(5) The term "reciprocity" is often inappropriately applied to educator mobility between member jurisdictions.

(6) As licensure criteria differ from member jurisdiction to member jurisdiction, an educator's license from one (1) member jurisdiction is not automatically "exchanged" for a license in another member jurisdiction.

(7) Minimum essential components of an approved educator preparation program are completion of a:

(a) Bachelor's degree, either prior to admission to the program or as part of the program;

(b) Supervised clinical practice; and

(c) Planned program of study.

A member jurisdiction may impose additional components to meet its own standards.

(8) Recognition of national certification of educators, for example, the national board for professional teaching standards, is at the discretion of member jurisdictions.

(9) The terms defined in this interstate agreement provide a common vocabulary, which member jurisdictions agree to use in disseminating information nationally and internationally.

(10) The interstate agreement is not intended to alter, amend or regulate individual member jurisdiction licensure requirements.

ARTICLE III, DEFINITIONS.

For purposes of this interstate agreement, the following terms are defined as:

(1) "Accredited institution" means a college or university which awards a baccalaureate or higher degree and, if located within the United States, is fully accredited by one (1) of the following regional accrediting bodies:

(a) Middle states association of colleges and schools;

(b) New England association of schools and colleges;

(c) North central association of colleges and schools;

(d) Northwest commission on colleges and universities;

(e) Southern association of colleges and schools; and

(f) Western association of schools and colleges.

If the college or university does not have regional accreditation as detailed above, consideration of the educator for licensure is at the discretion of the member jurisdiction.

(2) "Administrator" means an educator whose primary duties may include:

(a) The supervision of programs or curriculum; or

(b) Supervision or management of a local educational agency, a school building, a school program or a school system.

(3) "Approved program" means a planned program of study leading to licensure in the appropriate member jurisdiction. Approved programs may be either traditional or nontraditional. A nontraditional program is a post-baccalaureate program in which the candidate may be employed as an educator prior to completion of the program, as defined by the United States department of education (USDOE).

Teacher Traditional Program Nontraditional Program Rigorous Admission Standards Yes Yes, including a bachelor's degree earned prior to admission Conferred Degree Upon Program Completion Yes or No Yes or No Delivered by an Institution of Higher Education (IHE) Yes Yes or No Supervised Clinical Practice Yes Yes, but may differ from a traditional program May Be Employed As An Educator While Completing Program No Yes

Administrator Traditional Program Nontraditional Program Rigorous Admission Standards Yes, including a bachelor's degree or higher earned prior to admission Yes, including a bachelor's degree or higher earned prior to admission Conferred Degree Upon Program Completion Yes or No Yes or No Delivered by an IHE Yes Yes or No Supervised Clinical Practice Yes Yes, but may differ from a traditional program May Be Employed As An Educator While Completing Program Yes or No Yes

A program approved in one (1) member jurisdiction may not lead to licensure in another member jurisdiction.

(4) "Educator" is categorized as a teacher, administrator or support professional who may be required by the member jurisdiction to hold a license. A member jurisdiction may recognize additional categories of licensure (e.g., career and technical educators) not addressed by this interstate agreement.

(5) "Experience" means employment and licensure as required by the member jurisdiction.

(6) "Jurisdiction-specific requirement" (JSR) means any criterion beyond the minimum essential components required by a member jurisdiction for licensure. The following is a noninclusive list of JSRs:

(a) Grade-point average;

(b) Testing or other forms of assessment;

(c) Mentoring;

(d) Supervised and evaluated pre-service or professional experience;

(e) Course delivery methodology;

(f) Program approval comparability;

(g) Specific coursework;

(h) Valid license, as defined by the receiving member jurisdiction;

(i) Post-baccalaureate coursework or degrees;

(j) Continuing professional development;

(k) Moral fitness or character; or

(l) Citizenship.

(7) "Stages of administrator license" are described below and are general categories of licensure. Member jurisdictions may or may not offer these stages of licensure or require licensure to be eligible for certain school administrator work assignments.

(a) "Stage 1 administrator license" means a license issued to an individual who holds a minimum of a bachelor's degree, has met approved school administrator preparation program admission requirements, but has not met the jurisdiction-specific requirements of the issuing member jurisdiction.

(b) "Stage 2 administrator license" means a license issued to an individual who has completed an approved school administrator preparation program, but has not met the jurisdiction-specific requirements for a stage 3 license of the issuing member jurisdiction.

(c) "Stage 3 administrator license" means a license issued to an individual who holds a minimum of a master's degree and has met all jurisdiction-specific requirements for licensure, including endorsements when applicable.

(8) "Stages of teacher licensure" are described below and are general categories of licensure. Member jurisdictions may or may not have licenses available in each stage.

(a) "Stage 1 teacher license" means a license issued to an individual who holds a minimum of a bachelor's degree, has met approved teacher preparation program admission requirements, but has not met the jurisdiction-specific requirements of the issuing member jurisdiction.

(b) "Stage 2 teacher license" means a license issued to an individual who holds a minimum of a bachelor's degree, has completed an approved teacher preparation program, but has not met the jurisdiction-specific requirements for a stage 3 license of the issuing member jurisdiction.

(c) "Stage 3 teacher license" means a license issued to an individual who holds a minimum of a bachelor's degree, has completed an approved teacher preparation program and has met all jurisdiction-specific requirements of the issuing member jurisdiction.

(d) "Stage 4 teacher license" means a license issued to an individual who holds a minimum of a master's degree or the equivalent, has completed an approved teacher preparation program and has met any jurisdiction-specific requirements beyond those required for the stage 3 license of the issuing member jurisdiction.

(9) "License" means certificate, credential or other similar term designated by the member jurisdiction.

(10) "Member jurisdiction" means an entity which is a voting member of NASDTEC.

(11) "School" means an institution, other than a home school, which offers instruction for students of any grade, from birth through grade 12, which satisfies the compulsory attendance requirements of the member jurisdiction in which the institution is located.

(12) "Support professional" means a person other than a teacher or administrator who is required to hold an educator license based upon at least a bachelor's degree.

(13) "Teacher" means a person whose primary responsibility is to instruct students or as otherwise defined by the member jurisdiction.

ARTICLE IV, DUTIES OF MEMBER JURISDICTIONS.

In signing this interstate agreement, member jurisdictions agree to:

(1) Adopt and enforce quality standards for approved programs;

(2) Maintain and publish a current listing of programs approved within the member jurisdiction;

(3) Apply jurisdiction-specific requirements equitably to applicants completing approved programs in any other member jurisdiction;

(4) Agree in principle to the "Assumptions" set forth in this interstate agreement;

(5) Agree in principle to the "Minimum Essential Components";

(6) In addition to signing the NASDTEC "Interstate Agreement for Educator Licensure," each member jurisdiction signs the NASDTEC "Educator Information Clearinghouse Agreement" agreeing to notify the NASDTEC "Educator Information Clearinghouse" immediately upon denial, suspension, revocation or surrender of an educator's license for reasons other than failing to meet academic requirements.

ARTICLE V, PROCEDURE FOR MEMBER PARTICIPATION.

(1) Each member jurisdiction shall complete a jurisdiction-specific requirement (JSR) index for each educator category in the form and time frame as directed by the NASDTEC executive director.

(2) Each member jurisdiction shall revise the jurisdiction-specific requirement (JSR) index immediately in the event that its licensure criteria are amended or modified.

(3) The NASDTEC executive director shall compile a master index reflecting all member jurisdiction's jurisdiction-specific requirements for distribution and for posting on the NASDTEC website.

ARTICLE VI, DURATION OF THE INTERSTATE AGREEMENT.

(1) This interstate agreement shall have duration until September 30 of each year ending in a five (5) or a zero (0), unless terminated as provided below. The interstate agreement shall be automatically renewed in the then-current format for each subsequent five (5) year period unless written notice of intent not to renew is given to the executive director of NASDTEC by July 1 of the final year of an interstate agreement period.

(2) A member jurisdiction may withdraw from the interstate agreement upon one (1) year's written notice to the executive director of NASDTEC, who shall in turn notify all other affected member jurisdictions. It shall be incumbent upon the executive director to notify other member jurisdictions.

ARTICLE VII, MISCELLANEOUS TERMS.

(1) The NASDTEC executive board, by and through the chair of the NASDTEC interstate agreement committee, shall be responsible for administration and interpretation of this interstate agreement.

(2) NASDTEC recognizes the fluidity of educator preparation and licensure laws, regulations and policies in member jurisdictions. It is NASDTEC's intent to maintain the jurisdiction-specific requirements (JSRs) index as a current and accurate reflection of each member jurisdiction's requirements. However, circumstances beyond the control of NASDTEC may, on occasion, inhibit the accuracy of the master index. Accordingly, it is recommended that users of the JSR index refer to member jurisdictions' websites to confirm specific requirements. Further, it is understood that this interstate agreement and the JSR index are provided to facilitate the exchange of information and are not intended to supplant or supersede individual jurisdiction's authority.

ARTICLE VIII, MEMBER JURISDICTION-SPECIFIC LICENSURE REQUIREMENTS.

Driven by the "Assumptions" identified in Article II of this document, as of October 2010, NASDTEC member jurisdictions recognize the complex nature of the interstate agreement and the public's need for clear, accurate information when moving from one (1) member jurisdiction to another. Member jurisdictions agree to make "Levels of Licensure" and jurisdiction-specific requirements (JSRs) clear to each other and the public by completing and maintaining the JSR index. This index is intended to provide information to anyone seeking educator licensure in a member jurisdiction, whether prepared through a traditional or nontraditional pathway. It identifies specific requirements beyond the NASDTEC-identified "Minimum Essential Components" for educator preparation. A member jurisdiction's laws and regulations in place at the time of application for licensure supersede information provided here.

History:

[33-4104, added 1969, ch. 194, sec. 1, p. 565; am. 2012, ch. 37, sec. 1, p. 108.]
Idaho Code § 33-308 — Idaho Code / Title 33 / Chapter 3 / Section 33-308
33-308 EXCISION AND ANNEXATION OF TERRITORY.
Status: in_force

33-308. Excision and annexation of territory. (1) A board of trustees of any school district, including a specially chartered school district, or one-fourth (1/4) or more of the school district electors residing in an area of not more than fifty (50) square miles within which there is no schoolhouse or facility necessary for the operation of a school district, may petition in writing proposing the annexation of the area to another and contiguous school district.

(2) Such petition shall be in duplicate, one (1) copy of which shall be presented to the board of trustees of the district from which the area is proposed to be excised, and the other to the board of trustees of the district to which the area is proposed to be annexed. The petition shall contain:

(a) The names and addresses of the petitioners;

(b) A legal description of the area proposed to be excised from one district and annexed to another contiguous district. Such legal description shall be prepared by a licensed attorney, licensed professional land surveyor, or licensed professional engineer professionally trained and experienced in legal descriptions of real property;

(c) Maps showing the boundaries of the districts as they presently appear and as they would appear should the excision and annexation be approved;

(d) The names of the school districts from and to which the area is proposed to be excised and annexed;

(e) A description of reasons for which the petition is being submitted; and

(f) An estimate of the number of children residing in the area described in the petition.

(3) The board of trustees of each school district, no later than thirty (30) calendar days after its first regular meeting held subsequent to receipt of the petition, shall transmit the petition, with recommendations, to the state board of education.

(4) The state board of education shall approve the proposal, provided:

(a) The excision and annexation is in the best interests of the children residing in the area described in the petition; and

(b) The excision of the territory, as proposed, would not leave a school district with a bonded debt in excess of the limit then prescribed by law.

If either condition is not met, the state board shall disapprove the proposal. The approval or disapproval shall be expressed in writing to the board of trustees of each school district named in the petition.

(5) If the state board of education approves the proposal, it shall be submitted to the school district electors residing in the district from which the area is proposed to be excised and in the district to which the area is proposed to be annexed, at an election held in the manner provided in chapter 14, title 34, Idaho Code. Such election shall be held on the date authorized in section 34-106, Idaho Code, that is nearest to sixty (60) days after the state board approves the proposal.

(6) At the election, there shall be submitted to the electors having the qualifications of electors in a school district bond election:

(a) The question of whether the area described in the petition shall be excised from school district no. ( ) and annexed to contiguous school district no. ( ); and

(b) The question of assumption of the appropriate proportion of any bonded debt, and the interest thereon, of the proposed annexing school district.

(7) In order for a proposal to excise and annex an area to be approved:

(a) The proposal must be approved by a majority of electors voting in the election in both:

(i) The district from which the area is proposed to be excised; and

(ii) The district to which the area is proposed to be annexed; and

(b) The electors voting on the question of the assumption of bonded debt and interest have approved such assumption by the proportion of votes cast as is required by section 3, article VIII, of the constitution of the state of Idaho.

(8) If the proposal is approved by the electors in the manner prescribed, the board of canvassers shall promptly notify the state department of education and the affected school districts of such results. The superintendent of public instruction shall make an appropriate order for the boundaries of the affected school districts to be altered, and the legal descriptions of the school districts shall be altered as prescribed in section 33-307, Idaho Code.

History:

[33-308, added 1963, ch. 13, sec. 38, p. 27; am. 1998, ch. 244, sec. 2, p. 804; am. 2009, ch. 107, sec. 2, p. 340; am. 2009, ch. 341, sec. 24, p. 1008; am. 2010, ch. 215, sec. 1, p. 482; am. 2020, ch. 288, sec. 1, p. 833.]
Idaho Code § 33-313 — Idaho Code / Title 33 / Chapter 3 / Section 33-313
33-313 TRUSTEE ZONES.
Status: in_force

33-313. Trustee zones. (1) Each elementary school district shall be divided into three (3) trustee zones and each other school district shall be divided into no fewer than five (5) nor more than nine (9) trustee zones according to the provisions of section 33-501, Idaho Code. A school district that has had a change in its district boundaries because of consolidation on and after January 1, 2008, shall divide trustee zones so that each former district in the new district shall not be split into different trustee zones, unless the provisions of subsection (2) of this section cannot be satisfied.

(2) Any proposal to define the boundaries of the several trustee zones in each such school district shall include the determination, where appropriate, of the number of trustee zones in such district, and the date of expiration of the term of office for each trustee. The boundaries of the several trustee zones in each such school district shall be defined and drawn so that, as reasonably as may be, each such zone shall have approximately the same population.

(3) Whenever the area of any district has been enlarged by the annexation of all or any part of another district, or by the correction of errors in the legal description of school district boundaries, any such additional territory shall be included in the trustee zone or zones contiguous to such additional territory until such time as the trustee zones may be redefined and changed. Trustee zones may be redefined and changed not more than once every five (5) years in the manner hereinafter provided.

(4) A proposal to redefine and change trustee zones of any district may be initiated by its board of trustees and shall be initiated by its board of trustees at the first meeting following the report of the decennial census, and submitted to the state board of education, or by petition signed by not less than fifty (50) school electors residing in the district, and presented to the board of trustees of the district. Within one hundred twenty (120) days following the decennial census or the receipt of a petition to redefine and change the trustee zones of a district the board of trustees shall prepare a proposal for a change which will equalize the population in each zone in the district and shall submit the proposal to the state board of education. Any proposal shall include a legal description of each trustee zone as the same would appear as proposed, a map of the district showing how each trustee zone would then appear, and the approximate population each would then have, should the proposal to change any trustee zones become effective.

(5) Within sixty (60) days after it has received the said proposal the state board of education may approve or disapprove the proposal to redefine and change trustee zones and shall give notice thereof in writing to the board of trustees of the district wherein the change is proposed. Should the state board of education disapprove a proposal, the board of trustees shall, within forty-five (45) days, submit a revised proposal to the state board of education. Should the state board of education approve the proposal, it shall notify the school district, the trustee zones shall be changed in accordance with the proposal and a copy of the legal description of each trustee zone and map of the district showing how each trustee zone will appear shall be filed by the school district with the county clerk.

(6) At the next regular meeting of the board of trustees following the approval of the proposal the board shall appoint from its membership a trustee for each new zone to serve as trustee until that incumbent trustee's term expires. If the current board membership includes two (2) incumbent trustees from the same new trustee zone, the board will select the incumbent trustee with the most seniority as a trustee to serve the remainder of his term. If both incumbent trustees have equal seniority, the board will choose one (1) of the trustees by the drawing of lots. If there is a trustee vacancy in any of the new zones, the board of trustees shall appoint from the patrons resident in that new trustee zone, a person from that zone to serve as trustee until the next annual meeting. At the annual election a trustee shall be elected to serve during the term specified in the election for the zone. The elected trustee shall assume office at the annual meeting of the school district next following the election.

History:

[33-313, added 1963, ch. 13, sec. 43, p. 27; am. 1967, ch. 403, sec. 1, p. 1214; am. 1969, ch. 412, sec. 1, p. 1143; am. 1973, ch. 125, sec. 1, p. 236; am. 1979, ch. 271, sec. 1, p. 705; am. 1984, ch. 94, sec. 1, p. 218; am. 1989, ch. 121, sec. 1, p. 267; am. 1990, ch. 31, sec. 1, p. 46; am. 1994, ch. 182, sec. 1, p. 599; am. 2001, ch. 163, sec. 1, p. 572; am. 2008, ch. 351, sec. 1, p. 968; am. 2009, ch. 341, sec. 27, p. 1011; am. 2014, ch. 162, sec. 2, p. 455.]
Idaho Code § 33-5902 — Idaho Code / Title 33 / Chapter 59 / Section 33-5902
33-5902 LEGISLATIVE INTENT.
Status: in_force

33-5902. legislative intent. It is the intent of the legislature that the purpose of this chapter is to:

(1) Promote the safety and security of the students attending the public educational institutions of the state;

(2) Provide recommendations, systems and training to assist public educational institutions at all levels for the safety and security of students;

(3) Enhance the safety and security resources available to public educational institutions;

(4) Ensure that periodic security assessments of statewide public educational institutions are conducted and reported;

(5) Ensure that surveys are conducted and research information is reported to appropriate parties;

(6) Promote the use of technical methods, devices and improvements to address school security;

(7) Encourage the recognition of security design to be incorporated in future construction or renovation of public educational institutions; and

(8) Provide written reports of security assessments to appropriate school administrative authorities.

History:

[(33-5902) 33-5802, added 2016, ch. 192, sec. 1, p. 534; am. and redesig. 2017, ch. 58, sec. 16, p. 110.]
Idaho Code § 33-802 — Idaho Code / Title 33 / Chapter 8 / Section 33-802
33-802 SCHOOL LEVIES.
Status: in_force

33-802. School levies. Any tax levied for school purposes shall be a lien on the property against which the tax is levied. The board of trustees shall determine the levies upon each dollar of taxable property in the district for the ensuing fiscal year as follows:

(1) Bond, Interest and Judgment Obligation Levies. Such levies as shall be required to satisfy all maturing bond, bond interest, and judgment obligations.

(2) Budget Stabilization Levies. School districts not receiving state equalization funds in fiscal year 2006 may authorize a budget stabilization levy for calendar year 2006 and each year thereafter. Such levies shall not exceed the difference between the amount of equalized funds that the state department of education estimates the school district will receive in fiscal year 2007, based on the school district's fiscal year 2006 reporting data, and the combined amount of money the school district would have received from its maintenance and operation levy and state property tax replacement funds in fiscal year 2007 under the laws of the state of Idaho as they existed prior to amendment by the first extraordinary session of the fifty-eighth Idaho legislature. The state department of education shall notify the state tax commission and affected counties and school districts of the maximum levy amounts permitted, by no later than September 1, 2006.

(3) Supplemental Maintenance and Operation Levies. No levy in excess of the levy permitted by this section shall be made by a noncharter district unless such a supplemental levy in a specified amount and for a specified time not to exceed two (2) years be first authorized through an election held subject to the provisions of section 34-106, Idaho Code, and pursuant to title 34, Idaho Code, and approved by a majority of the district electors voting in such election. A levy approved pursuant to this subsection may be reduced by a majority vote of the board of trustees in the second year.

(4) Charter District Supplemental Maintenance and Operation. Levies pursuant to the respective charter of any such charter district shall be first authorized through an election held subject to the provisions of section 34-106, Idaho Code, and pursuant to title 34, Idaho Code, and approved by a majority of the district electors voting in such election.

(5) The board of trustees of any school district that has, for at least seven (7) consecutive years, been authorized through an election held to certify a supplemental levy that has annually been equal to or greater than twenty percent (20%) of the total general maintenance and operation fund, may submit the question of an indefinite term supplemental levy to the electors of the school district. Such question shall clearly state the dollar amount that will be certified annually and that the levy will be for an indefinite number of years. The question must be approved by a majority of the district electors voting on the question in an election held subject to the provisions of section 34-106, Idaho Code, and pursuant to title 34, Idaho Code. The levy approved pursuant to this subsection may be reduced by a majority vote of the board of trustees during any fiscal year.

(6) A charter district may levy for maintenance and operations if such authority is contained within its charter. In the event property within a charter district's boundaries is contained in a revenue allocation area established under chapter 29, title 50, Idaho Code, and such revenue allocation area has given notice of termination thereunder, then, only for the purpose of determining the levy described in this subsection, the district may add the increment value, as defined in section 50-2903, Idaho Code, to the actual or adjusted market value for assessment purposes of the district as such value existed on December 31 of the previous year.

History:

[33-802, added 1963, ch. 13, sec. 91, p. 27; am. 1963, ch. 422, sec. 1, p. 1097; am. 1970, ch. 61, sec. 1, p. 149; am. 1973, ch. 296, sec. 1, p. 620; am. 1979, ch. 254, sec. 2, p. 662; am. 1980, ch. 390, sec. 3, p. 992; am. 1981, ch. 224, sec. 1, p. 434; am. 1983, ch. 235, sec. 1, p. 640; am. 1987, ch. 52, sec. 1, p. 85; am. 1987, ch. 273, sec. 1, p. 566; am. 1988, ch. 344, sec. 1, p. 1022; am. 1989, ch. 8, sec. 1, p. 9; am. 1991, ch. 313, sec. 1, p. 820; am. 1995, ch. 26, sec. 1, p. 34; am. 1996, ch. 322, sec. 20, p. 1045; am. 2005, ch. 191, sec. 1, p. 591; am. 2006, 1st Ex. Sess., ch. 1, sec. 3, p. 43; am. 2009, ch. 341, sec. 45, p. 1022.]
Idaho Code § 33-320 — Idaho Code / Title 33 / Chapter 3 / Section 33-320
33-320 STRATEGIC PERFORMANCE PLANS AND TRAINING.
Status: in_force

33-320. STRATEGIC PERFORMANCE PLANS AND TRAINING. (1) Each school district and public charter school in Idaho shall develop and submit to the state department of education a strategic performance plan that has a continuous focus on innovating and improving:

(a) Student academic proficiency;

(b) Student academic growth;

(c) College and career readiness at the high school level;

(d) Outcomes of at-risk and economically disadvantaged students as defined in section 33-1001, Idaho Code; and

(e) Local school board performance and stewardship of monitoring student performance, including compliance with all applicable laws, regulations, and any terms of a public charter school's performance certificate.

(2) The local governing board and the school district superintendent or charter administrator shall collaborate to develop the strategic performance plan by coordinating outreach to students, parents, educators, local industry partners, and the business community, as appropriate.

(3) The strategic performance plan shall:

(a) Set clear and measurable goals for student outcomes and postsecondary achievements, including key indicators for monitoring performance, and consider student growth and proficiency goals established by the state board of education;

(b) Include strategies based on evidence-based research to meet each goal;

(c) Be data-driven and include student outcomes and growth data in literacy, math, graduation rates, achievement of individual postsecondary goals, and any other metric required by the state board of education;

(d) Include a clearly developed and articulated vision and mission;

(e) Outline a plan for the local governing board's continued learning regarding school board and leadership development in monitoring student performance;

(f) Utilize a template developed by the state department of education or submit required data points in a manner consistent with the state template; and

(g) At the local governing board's direction, include other areas of strategic performance that may be necessary to achieve other goals of the school district or public charter school.

(4) A school district or public charter school may apply to use alternative student success measures if it demonstrates that a combined twenty-five percent (25%) or greater of its students include special education students, homeless students, economically disadvantaged students, students enrolled in an alternative high school, or English language learners.

(5) Beginning with the 2027-2028 school year, the local governing board shall adopt and submit its strategic performance plan to the state department of education no later than October 1 of each year. In each subsequent year, the strategic plan shall include an annual progress report on all established goals. The plan shall cover a period of no less than four (4) years, including the fiscal year in which the plan is submitted, and shall be updated annually each summer.

(6) The state board of education shall adopt a matrix to be used by the state department of education to evaluate a school district's or public charter school's progress toward the student-outcome goals in its strategic performance plan. The matrix shall give determinative weight to locally approved goals and alternative success measures. The matrix shall be adopted no later than September 1, 2026.

(7) For the purposes of this section, "progress" means measurable improvement toward goals identified in a school district's or public charter school's strategic performance plan. Demonstration of progress may include but is not limited to student success measures, baselines, benchmarks, and implementation evidence selected by the school district or public charter school. Evidence of progress may include but is not limited to:

(a) Year-over-year improvement in student academic growth, proficiency, graduation rates, or postsecondary readiness, as applicable;

(b) Measurable improvement among identified student subgroups, including at-risk students and economically disadvantaged students;

(c) Implementation of evidence-based strategies identified in the strategic performance plan, including documented changes to curriculum, instruction, assessment, professional development, or resource allocation; and

(d) Demonstrated improvement toward interim benchmarks or milestones established in the strategic performance plan, provided that long-term outcome targets may not have been fully achieved yet.

(8)(a) The local governing board shall, at least quarterly, review, discuss, and approve progress reports on two (2) or more key areas of the strategic performance plan at a regular or special board meeting.

(b) The state department of education shall evaluate the progress reports to:

(i) Identify high-performing school districts and public charter schools and determine best practices to incorporate into statewide professional development training; and

(ii) Identify school districts and public charter schools that are not demonstrating improved student performance.

(9) During an annual evaluation of progress reports, the state department of education shall recognize the top ten percent (10%) of school districts and public charter schools that meet or exceed the goals of the respective strategic performance plans as "schools or districts of educational excellence."

(10) Flexibility may be granted within the accountability framework for school districts and public charter schools that demonstrate sustained high levels of academic achievement. For such districts or charters, accountability determinations may include but are not limited to multi-year performance trends and overall performance relative to established goals, recognizing that annual growth may not be statistically significant when achievement levels are consistently high.

(11) If during its annual evaluation of progress reports the state department of education finds that a school district or public charter school has not demonstrated progress in achieving a majority of the goals identified in its strategic performance plan, the superintendent of public instruction shall:

(a) Support the local governing board and school district superintendent or charter administrator in reassessing and adjusting, if necessary, the plan's strategies while focusing on improved student performance;

(b) Support the local governing board and school district superintendent or charter administrator in reviewing school district or public charter school performance, including in the areas of local budget, curricula, and professional development, to identify areas hindering student performance;

(c) Offer recommendations to the local governing board and school district superintendent or charter administrator intended to improve the areas hindering student performance; and

(d) Provide a list of high-performing school districts and public charter schools of similar size and student demographics to offer opportunities for mentorship in areas of evidence-based practices, peer supports, or locally implemented strategies from high-performing school districts or public charter schools that may assist in the development of revised goals or strategies for improvement.

(12) If the state department of education finds that the school district or public charter school has not demonstrated progress in achieving a majority of the goals identified in its strategic performance plan after two (2) consecutive annual evaluations of progress reports, the superintendent of public instruction shall:

(a) Support the local governing board and school district superintendent or charter administrator as required in subsection (11)(a) of this section;

(b) Direct the state department of education to approve ISAT remediation funds, professional development and literacy budgets, professional development plans, and curricular materials that are in alignment with the school district's or public charter school's student performance goals; and

(c) Assist the local governing board and school district superintendent or charter administrator with formal training in areas directly related to the deficiencies in meeting strategic performance plan goals.

(13) If the state department of education finds that a school district or public charter school has not demonstrated progress in achieving a majority of the goals identified in its strategic performance plan after three (3) consecutive annual reviews of progress reports, the superintendent of public instruction shall:

(a) Support the local governing board and school district superintendent or charter administrator as required in subsection (11)(a) and (b) of this section; and

(b) Direct the state department of education to conduct a comprehensive review of school district and public charter school operations, including a review of instructional calendars. The state department of education shall have final approval of instructional calendars for the next school year.

(14) Regarding a public charter school's performance, the superintendent of public instruction shall consult with the charter school's authorizer in addition to the local governing board.

(15) Upon request, the superintendent of public instruction shall present an annual report to the house of representatives and senate education committees regarding school districts and public charter schools with high performance based on the respective strategic performance plans adopted pursuant to this section.

(16) The strategic performance plan provided for in this section shall be made available to the public and posted on the school district or public charter school website.

(17) Of the moneys appropriated in the public school educational support program, up to six thousand six hundred dollars ($6,600) shall be distributed to each school district and public charter school to be expended for school board and leadership development training. Funds utilized for administrator mentorships shall be capped at twenty-five percent (25%) of such distribution. Funds shall be distributed on a reimbursement basis based on a process prescribed by the superintendent of public instruction. To qualify for reimbursement, training shall cover strategic performance planning, finance, ethics, governance, superintendent evaluations, and public charter administrator evaluations.

(18) A public charter school may use its performance certificate criteria and framework toward fulfilling the requirements provided in subsection (1) of this section.

(19) The state department of education is authorized to withhold a portion of funds for any school district or public charter school that does not submit its strategic performance plan by the date required in this section. The amount of withheld funds shall be proportional to the administrative burden and state resources expended due to the noncompliance. The withheld funds shall be returned to the school district or public charter school upon the submission of the outstanding strategic performance plan.

(20) Any reporting requirements for school districts and public charter schools as of July 1, 2026, that are not federally mandated, necessary for public school finance purposes, or related to the professional standards commission shall be eliminated.

History:

[33-320, added 2026, ch. 177, sec. 2, p. 816.]
Idaho Code § 33-1201A — Idaho Code / Title 33 / Chapter 12 / Section 33-1201A
33-1201A IDAHO PROFESSIONAL ENDORSEMENT — ELIGIBILITY.
Status: in_force

33-1201A. Idaho professional endorsement — eligibility. (1) Any instructional staff employee or any pupil service staff employee will receive mentoring as outlined in such employee's individualized professional learning plan during the initial three (3) years of holding such certificate. Upon holding a certificate for three (3) years, any such instructional staff or pupil service staff employee may apply for an Idaho professional endorsement. Upon holding a professional endorsement for five (5) years or more, any such instructional staff or pupil service staff employee may apply for an Idaho advanced professional endorsement. Individuals who hold an instructional staff certificate and a pupil service staff certificate shall have their experience based on the overall years of experience if held consecutively or the certificate they have held the longest if dually certificated.

(2) To be eligible for an Idaho professional endorsement, the instructional staff or pupil service staff employee must:

(a) Have held a certificate and been employed in a public school for at least three (3) years or have completed a state board of education-approved interim certificate of three (3) years or longer;

(b) Show they met the professional compensation rung performance criteria for two (2) of the three (3) previous years or the third year;

(c) Have a written recommendation from the employing school district; and

(d) Have an annual individualized professional learning plan developed in conjunction with the employee's school district supervisor.

Instructional staff employees may provide additional evidence demonstrating effective teaching that may be considered in exceptional cases for purposes of determining proficiency and student achievement in the event required standards for professional endorsement are not met. Pupil service staff employees may provide additional evidence demonstrating effective student achievement or success that may be considered in exceptional cases for purposes of determining proficiency and student achievement or success in the event required standards for professional endorsement are not met.

(3) To be eligible for an Idaho advanced professional endorsement, the instructional staff or pupil service staff employee must:

(a) Have held a renewable certificate and been employed in a public school for at least eight (8) years or more or have completed a state board of education-approved interim certificate of three (3) years or longer and held a renewable certificate and been employed in a public school for five (5) years or more;

(b) Show they met the professional compensation rung performance criteria for four (4) of the five (5) previous years or the third, fourth, and fifth year;

(c) During three (3) of the previous five (5) years, have served in an additional building or district leadership role in an Idaho public school, including but not limited to:

(i) Instructional specialist or instructional coach;

(ii) Mentor;

(iii) Curriculum or assessment committee member;

(iv) Team or committee leadership position;

(v) Data coach; or

(vi) Other leadership positions identified by the school district;

(d) Have a written recommendation from the employing school district;

(e) Have an annual individualized professional learning plan developed in conjunction with the employee's supervisor and a self-evaluation; and

(f)(i) Effective July 1, 2020, through June 30, 2021, show they have met the advanced professional compensation rung performance criteria for three (3) of the five (5) previous years or the fifth year;

(ii) Effective July 1, 2021, through June 30, 2022, show they have met the advanced professional compensation rung performance criteria for three (3) of the five (5) previous years or the fourth and fifth year; or

(iii) Effective July 1, 2022, show they have met the advanced professional compensation rung performance criteria for three (3) of the five (5) previous years.

Instructional staff employees may provide additional evidence demonstrating effective teaching that may be considered in exceptional cases for purposes of determining proficiency and student achievement in the event required standards for the advanced professional endorsement are not met. Pupil service staff employees may provide additional evidence demonstrating effective student achievement or success that may be considered in exceptional cases for purposes of determining proficiency and student achievement or success in the event required standards for the advanced professional endorsement are not met.

(4) Instructional staff and pupil service staff who have been certified in another state shall be eligible for the professional endorsement if they:

(a) Have a written recommendation from the employing school district;

(b) Have worked in a certificated position in a compact-member state other than Idaho pursuant to section 33-4104, Idaho Code; and

(c) Would have been eligible to work in a certificated position in an Idaho public school based on that certification for three (3) to eight (8) years.

(5) Instructional staff and pupil service staff who have been certified in another state shall be eligible for the advanced professional endorsement if they:

(a) Have a written recommendation from the employing school district;

(b) Have worked in a certificated position in a compact-member state other than Idaho pursuant to section 33-4104, Idaho Code; and

(c) Would have been eligible to work in a certificated position in an Idaho public school based on that certification for nine (9) years or more.

(6) Instructional staff and pupil service staff who have worked in an accredited private school and maintained their instructional or pupil service staff certification may use their years of private school work experience to meet the years of experience requirements for the professional and advanced professional endorsement. Such staff may provide additional evidence demonstrating effective teaching that may be considered in exceptional cases for purposes of determining proficiency and student achievement requirements for professional and advanced professional eligibility criteria.

(7) Pupil service staff and career technical education instructional staff may use the years of industry experience, as calculated pursuant to section 33-1004B(6) and (9), Idaho Code, to meet the years of experience requirements for the professional and advanced professional endorsements. Such staff may provide additional evidence demonstrating effective teaching that may be considered in exceptional cases for purposes of determining proficiency and student achievement requirements for professional and advanced professional eligibility criteria.

(8) Individuals holding a professional endorsement or an advanced professional endorsement will be annually evaluated in at least two (2) domains in the state evaluation framework approved by the state board of education. All other instructional or pupil service staff employees must be evaluated across all domains in the evaluation framework. Ratings in the domains described in section 33-1001(22)(b)[(23)(b)], Idaho Code, are required as part of the advanced professional compensation rung performance criteria.

(9) The state board of education shall promulgate rules implementing the provisions of this section.

(10) For the purposes of this section:

(a) "Certificate" means an Idaho instructional certificate, pupil service staff certificate, or out-of-state educator certificate that meets the requirements for reciprocity under rules promulgated by the state board of education;

(b) In conjunction with the Idaho evaluation framework, "individualized professional learning plan" means an individualized professional development plan based on the Idaho framework for teaching evaluation and includes, at a minimum, identified interventions based on the individual's strengths and areas of needed growth, how the individual will set student achievement and growth goals, and areas of identified professional development and mentoring that target continuous improvement in professional areas, future student achievement, and school building or district culture;

(c) "Instructional staff" means those involved in the direct instruction of a student or group of students and who hold a certificate issued under section 33-1201, Idaho Code;

(d) "Pupil service staff" means those who provide services to students but are not involved in direct instruction of those students and who hold a certificate issued under section 33-1201, Idaho Code; and

(e) "School district" means a school district or a public charter school.

History:

[33-1201A, added 2015, ch. 229, sec. 12, p. 719; am. 2016, ch. 245, sec. 9, p. 654; am. 2020, ch. 270, sec. 5, p. 790; am. 2021, ch. 207, sec. 4, p. 568; am. 2021, ch. 213, sec. 2, p. 585; am. 2022, ch. 83, sec. 3, p. 245; am. 2022, ch. 111, sec. 22, p. 382; am. 2026, ch. 173, sec. 2, p. 810; am. 2026, ch. 222, sec. 7, p. 991.]
Idaho Code § 33-1705 — Idaho Code / Title 33 / Chapter 17 / Section 33-1705
33-1705 TWO OR MORE DISTRICTS COOPERATING.
Status: in_force

33-1705. Two or more districts cooperating. Two (2) or more school districts may, by written agreement, offer a driver training program jointly. In such case the plan shall be submitted by one (1) of the districts which shall be designated as the operating district; and upon approval of the plan, all reports and apportionments of funds shall be made as though the designated operating district were the only district operating the program. The absence of a written agreement, however, shall not limit the board of trustees of any school district in accepting enrollments in its driver training program on the part of residents in neighboring school districts.

History:

[33-1705, added 1963, ch. 13, sec. 169, p. 27; am. 1965, ch. 153, sec. 2, p. 297.]
Idaho Code § 33-2620 — Idaho Code / Title 33 / Chapter 26 / Section 33-2620
33-2620 FAILURE TO RETURN BORROWED MATERIAL.
Status: in_force

33-2620. Failure to return borrowed material. Any person who borrows from a publicly funded lending facility any book, newspaper, magazine, manuscript, pamphlet, publication, microform, recording, film, artifact, specimen, device, exhibit or other article belonging to, or in the care of, the facility, under any agreement to return the same within a specified time, and thereafter fails to return the book, newspaper, magazine, manuscript, pamphlet, publication, microform, recording, film, artifact, specimen, device, exhibit or other article, shall be given written notice, which shall bear upon its face a copy of this statute, mailed by a registered or certified letter with return receipt, or delivered in person to such person at his last known address, to return the borrowed article within fifteen (15) days; and in the event that the person shall thereafter wilfully and knowingly fail to return the borrowed article within thirty (30) days, or shall fail to reimburse the facility for the value of the borrowed article plus overdue fines and costs incurred, the person shall be guilty of a petit theft and punishable as provided in chapter 24, title 18, Idaho Code. For purposes of this section, a "publicly funded lending facility" includes any library, gallery, museum, collection or exhibit supported by public funds.

History:

[(33-2620) 1991, ch. 265, sec. 1, p. 654; am. & redesig. 1993, ch. 186, sec. 21, p. 476.]
Idaho Code § 33-4101 — Idaho Code / Title 33 / Chapter 41 / Section 33-4101
33-4101 INTERSTATE COMPACT FOR EDUCATION ENACTED INTO LAW.
Status: in_force

33-4101. Interstate compact for education enacted into law. The Interstate Compact for Education established by the Education Commission of the States is hereby enacted into law and entered into with all other jurisdictions legally joining therein, in the form substantially as follows:

INTERSTATE COMPACT FOR EDUCATION

ARTICLE I–PURPOSE AND POLICY

A. It is the purpose of this compact to:

1. Establish and maintain close cooperation and understanding among executive, legislative, professional, educational and lay leadership on a nationwide basis at the state and local levels.

2. Provide a forum for the discussion, development, crystallization and recommendation of public policy alternatives in the field of education.

3. Provide a clearing house of information on matters relating to educational problems and how they are being met in different places throughout the nation, so that the executive and legislative branches of state government and of local communities may have ready access to the experience and records of the entire country, and so that both lay and professional groups in the field of education may have additional avenues for the sharing of experience and the interchange of ideas in the formation of public policy in education.

4. Facilitate the improvement of state and local educational systems so that all of them will be able to meet adequate and desirable goals in a society which requires continuous qualitative and quantitative advance in educational opportunities, methods and facilities.

B. It is the policy of this compact to encourage and promote local and state initiative in the development, maintenance, improvement and administration of educational systems and institutions in a manner which will accord with the needs and advantages of diversity among localities and states.

C. The party states recognize that each of them has an interest in the quality and quantity of education furnished in each of the other states, as well as in the excellence of its own educational systems and institutions, because of the highly mobile character of individuals within the nation, and because the products and services contributing to the health, welfare and economic advancement of each state are supplied in significant part by persons educated in other states.

ARTICLE II–STATE DEFINED

As used in this compact, "state" means a state, territory or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.

ARTICLE III–THE COMMISSION

A. The Education Commission of the States, hereinafter called "the commission," is hereby established. The commission shall consist of seven members representing each party state. One of such members shall be the governor; two shall be members of the state legislature selected by its respective houses and serving in such manner as the legislature may determine; and four shall be appointed by and serve at the pleasure of the governor, unless the laws of the state otherwise provide. If the laws of a state prevent legislators from serving on the commission, six members shall be appointed and serve at the pleasure of the governor, unless the laws of the state otherwise provide. In addition to any other principles or requirements which a state may establish for the appointment and service of its members of the commission, the guiding principle for the composition of the membership on the commission from each party state shall be that the members representing such state shall, by virtue of their training, experience, knowledge or affiliations be in a position collectively to reflect broadly the interests of the state government, higher education, the state education system, local education, lay and professional, public and non-public educational leadership. Of those appointees, one shall be the head of a state agency or institution, designated by the governor, having responsibility for one or more programs of public education. In addition to the members of the commission representing the party states, there may be not to exceed ten non-voting commissioners selected by the steering committee for terms of one year. Such commissioners shall represent leading national organizations of professional educators or persons concerned with educational administration.

B. The members of the commission shall be entitled to one vote each on the commission. No action of the commission shall be binding unless taken at a meeting at which a majority of the total number of votes on the commission are cast in favor thereof. Action of the commission shall be only at a meeting at which a majority of the commissioners are present. The commission shall meet at least once a year. In its bylaws, and subject to such directions and limitations as may be contained therein, the commission may delegate the exercise of any of its powers to the steering committee or the executive director, except for the power to approve budgets or requests for appropriations, the power to make policy recommendations pursuant to Article IV and adoption of the annual report pursuant to Article III (J).

C. The commission shall have a seal.

D. The commission shall elect annually, from among its members a chairman, who shall be a governor, a vice chairman and a treasurer. The commission shall provide for the appointment of an executive director. Such executive director shall serve at the pleasure of the commission, and together with the treasurer and such other personnel as the commission may deem appropriate shall be bonded in such amount as the commission shall determine. The executive director shall be secretary.

E. Irrespective of the civil service, personnel or other merit system laws of any of the party states, the executive director subject to the approval of the steering committee shall appoint, remove or discharge such personnel as may be necessary for the performance of the functions of the commission, and shall fix the duties and compensation of such personnel. The commission in its bylaws shall provide for the personnel policies and programs of the commission.

F. The commission may borrow, accept or contract for the services of personnel from any party jurisdiction, the United States, or any subdivision or agency of the aforementioned governments, or from any agency of two or more of the party jurisdictions or their subdivisions.

G. The commission may accept for any of its purposes and functions under this compact any and all donations, and grants of money, equipment, supplies, materials and services, conditional or otherwise, from any state, the United States, or any other governmental agency, or from any person, firm, association, foundation, or corporation, and may receive, utilize and dispose of the same. Any donation or grant accepted by the commission pursuant to this paragraph or services borrowed pursuant to paragraph (F) of this Article shall be reported in the annual report of the commission. Such report shall include the nature, amount and conditions, if any, of the donation, grant, or services borrowed, and the identity of the donor or lender.

H. The commission may establish and maintain such facilities as may be necessary for the transacting of its business. The commission may acquire, hold, and convey real and personal property and any interest therein.

I. The commission shall adopt bylaws for the conduct of its business and shall have the power to amend and rescind these bylaws. The commission shall publish its bylaws in convenient form and shall file a copy thereof and a copy of any amendment thereto, with the appropriate agency or officer in each of the party states.

J. The commission annually shall make to the governor and legislature of each party state a report covering the activities of the commission for the preceding year. The commission may make such additional reports as it may deem desirable.

ARTICLE IV–POWERS

In addition to authority conferred on the commission by other provisions of the compact, the commission shall have authority to:

1. Collect, correlate, analyze and interpret information and data concerning educational needs and resources.

2. Encourage and foster research in all aspects of education, but with special reference to the desirable scope of instruction, organization, administration, and instructional methods and standards employed or suitable for employment in public educational systems.

3. Develop proposals for adequate financing of education as a whole and at each of its many levels.

4. Conduct or participate in research of the types referred to in this Article in any instance where the commission finds that such research is necessary for the advancement of the purposes and policies of this compact, utilizing fully the resources of national associations, regional compact organizations for higher education, and other agencies and institutions, both public and private.

5. Formulate suggested policies and plans for the improvement of public education as a whole, or for any segment thereof, and make recommendations with respect thereto available to the appropriate governmental units, agencies and public officials.

6. Do such other things as may be necessary or incidental to the administration of any of its authority or functions pursuant to this compact.

ARTICLE V–COOPERATION WITH FEDERAL GOVERNMENT

A. If the laws of the United States specifically so provide, or if administrative provision is made therefor within the federal government, the United States may be represented on the commission by not to exceed ten representatives. Any such representative or representatives of the United States shall be appointed and serve in such manner as may be provided by or pursuant to federal law, and may be drawn from any one or more branches of the federal government, but no such representative shall have a vote on the commission.

B. The commission may provide information and make recommendations to any executive or legislative agency or officer of the federal government concerning the common educational policies of the states, and may advise with any such agencies or officers concerning any matter of mutual interest.

ARTICLE VI–COMMITTEES

A. To assist in the expeditious conduct of its business when the full commission is not meeting, the commission shall elect a steering committee of thirty-two members which, subject to the provisions of this compact and consistent with the policies of the commission, shall be constituted and function as provided in the bylaws of the commission. One-fourth of the voting membership of the steering committee shall consist of governors, one-fourth shall consist of legislators, and the remainder shall consist of other members of the commission. A federal representative on the commission may serve with the steering committee, but without vote. The voting members of the steering committee shall serve for terms of two years, except that members elected to the first steering committee of the commission shall be elected as follows: sixteen for one year and sixteen for two years. The chairman, vice chairman, and treasurer of the commission shall be members of the steering committee and, anything in this paragraph to the contrary notwithstanding, shall serve during their continuance in these offices. Vacancies in the steering committee shall not affect its authority to act, but the commission at its next regularly ensuing meeting following the occurrence of any vacancy shall fill it for the unexpired term. No person shall serve more than two terms as a member of the steering committee; provided that service for a partial term of one year or less shall not be counted toward the two term limitation.

B. The commission may establish advisory and technical committees composed of state, local, and federal officials, and private persons to advise it with respect to any one or more of its functions. Any advisory or technical committee may, on request of the states concerned, be established to consider any matter of special concern to two or more of the party states.

C. The commission may establish such additional committees as its bylaws may provide.

ARTICLE VII–FINANCE

A. The commission shall advise the governor or designated officer or officers of each party state of its budget and estimated expenditures for such period as may be required by the laws of that party state. Each of the commission's budgets of estimated expenditures shall contain specific recommendations of the amount or amounts to be appropriated by each of the party states.

B. The total amount of appropriation requests under any budget shall be apportioned among the party states. In making such apportionment, the commission shall devise and employ a formula which takes equitable account of the populations and per capita income levels of the party states.

C. The commission shall not pledge the credit of any party states. The commission may meet any of its obligations in whole or in part with funds available to it pursuant to Article III (G) of this compact, provided that the commission takes specific action setting aside such funds prior to incurring an obligation to be met in whole or in part in such manner. Except where the commission makes use of funds available to it pursuant to Article III (G) thereof, the commission shall not incur any obligation prior to the allotment of funds by the party states adequate to meet the same.

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

E. The accounts of the commission shall be open at any reasonable time for inspection by duly constituted officers of the party states and by any persons authorized by the commission.

F. Nothing contained herein shall be construed to prevent commission compliance with laws relating to audit or inspection of accounts by or on behalf of any government contributing to the support of the commission.

ARTICLE VIII–ELIGIBLE PARTIES; ENTRY INTO

AND WITHDRAWAL

A. This compact shall have as eligible parties all states, territories, and possessions of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. In respect of any such jurisdiction not having a governor, the term, "governor," as used in this compact, shall mean the closest equivalent official of such jurisdiction.

B. Any state or other eligible jurisdiction may enter into this compact and it shall become binding thereon when it has adopted the same: provided that in order to enter into initial effect, adoption by at least ten eligible party jurisdictions shall be required.

C. Adoption of the compact may be either by enactment thereof or by adherence thereto by the governor; provided that in the absence of enactment, adherence by the governor shall be sufficient to make his state a party only until December 31, 1967. During any period when a state is participating in this compact through gubernatorial action, the governor shall appoint those persons who, in addition to himself, shall serve as the members of the commission from his state, and shall provide to the commission an equitable share of the financial support of the commission from any source available to him.

D. Except for a withdrawal effective on December 31, 1967 in accordance with paragraph C of this Article, any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after the governor of the withdrawing state has given notice in writing of the withdrawal to the governors of all other party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal.

ARTICLE IX–CONSTRUCTION AND SEVERABILITY

This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any state or of the United States, or the application thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the state affected as to all severable matters.

History:

[33-4101, added 1967, ch. 15, sec. 1, p. 24.]
Idaho Code § 33-2715 — Idaho Code / Title 33 / Chapter 27 / Section 33-2715
33-2715 BOARD OF TRUSTEES — SELECTION — NUMBER — QUALIFICATIONS — TERM — OATH — APPOINTMENT OF FIRST BOARD.
Status: in_force

33-2715. Board of trustees — Selection — Number — Qualifications — Term — Oath — Appointment of first board. (1) Each library district shall be governed by a board of trustees of five (5) members elected or appointed as provided by law, who at the time of their selection and during their terms of office shall be qualified electors of the district and if trustee zones have been established under section 33-2718, Idaho Code, shall be a resident of the trustee zone. Trustees shall be elected at each trustee election, held on the uniform election date in May. The regular term of a trustee shall be for four (4) years, or until his successor has been elected and qualified. Within ten (10) days after his appointment an appointed trustee shall qualify and assume the duties of his office. An elected trustee shall qualify and assume the duties of his office at the annual meeting. All trustees qualify by taking the oath of office required of state officers, to be administered by one (1) of the present trustees or by a trustee retiring.

(2) Following the initial establishment of a library district, the board of county commissioners of the home county within five (5) days shall appoint the members of the first board of trustees, who shall serve until the next election of trustees held in an odd-numbered year or until their successors are elected and qualified in an odd-numbered year. The initial election of three (3) trustees shall be for terms of two (2) years, and subsequent regular terms shall be for four (4) years. The initial and subsequent election of two (2) trustees shall be for terms of four (4) years. Addition of new territory to an existing library district shall not be considered an initial establishment. The first board of trustees shall be sworn by a member of the board of county commissioners of the home county of the district.

(3) At its first meeting, and after each trustee election, the board shall organize and elect from its membership a chairman and other officers necessary to conduct the affairs of the district.

(4) Members of the board shall serve without salary but shall receive their actual and necessary expenses while engaged in business of the district.

(5) For the purpose of achieving an orderly transition from terms of six (6) years to terms of four (4) years, the following schedule shall be followed:

(a) Trustees elected in 2023 or earlier shall serve the remainder of the regular six (6) year term for which they were most recently elected; and

(b) Trustees elected in 2025 or later shall serve regular terms of four (4) years.

History:

[(33-2715), added 1963, ch. 188, sec. 9, p. 568; am. 1983, ch. 107, sec. 1, p. 227; am. and redesignated 1989, ch. 132, sec. 10, p. 292; am. 1996, ch. 71, sec. 15, p. 227; am. 2002, ch. 312, sec. 3, p. 887; am. 2009, ch. 341, sec. 52, p. 1027; am. 2010, ch. 185, sec. 4, p. 383; am. 2024, ch. 199, sec. 1, p. 706.]
Idaho Code § 33-317 — Idaho Code / Title 33 / Chapter 3 / Section 33-317
33-317 COOPERATIVE SERVICE AGENCY — POWERS — DUTIES — LIMITATIONS.
Status: in_force

33-317. Cooperative service agency — Powers — Duties — Limitations. (1) Two (2) or more school districts may join together for educational purposes to form a service agency to purchase materials and/or provide services for use individually or in combination. The cooperative service agency thus formed shall be empowered to adopt bylaws, and act as a body corporate and politic with such powers as are assigned through its bylaws but limited to the powers and duties of local school districts. In its corporate capacity, this agency may sue and be sued and may acquire, hold and convey real and personal property necessary to its existence. The employees of the service agency shall be extended the same general rights, privileges and responsibilities as comparable employees of a school district. The cooperative service agency may elect to be its own fiscal agent for the purposes of providing an alternative school program, with the concurrence of the school districts for which it provides such services. In doing so the educational support program payments made pursuant to section 33-1002, Idaho Code, that would have been distributed to the school district acting as the fiscal agent, shall instead be distributed to the cooperative service agency.

(2) A properly constituted cooperative service agency may request from its member school districts funding to be furnished by a tax levy not to exceed one-tenth of one percent (.1%) for a period not to exceed ten (10) years by such member school districts. Such levy must be authorized by an election held subject to the provisions of section 34-106, Idaho Code, and be conducted in each of the school districts pursuant to chapter 14, title 34, Idaho Code, and approved by a majority of the district electors voting in such election. Moneys received by the member school districts from this source shall be transferred to the cooperative service agency upon receipt of billing from the agency. Excess revenue over billing must be kept in a designated account by the district, with accrued interest, and may only be spent as budgeted by the agency.

(3) For the purpose of constructing and maintaining facilities of a cooperative service agency, in addition to the levy authorized in subsection (2) of this section, a properly constituted cooperative service agency may request from its member school districts additional funding to be furnished by a tax levy not to exceed four-tenths of one percent (.4%) for a period not to exceed ten (10) years. Such levy must be authorized by an election held subject to the provisions of section 34-106, Idaho Code, and be conducted in each of the school districts pursuant to chapter 14, title 34, Idaho Code, and approved by sixty-six and two-thirds percent (66 2/3%) of the district electors voting in such election. If one (1) or more of the member districts fails to approve the tax levy in such election, the cooperative service agency may construct the facility through the support of the member districts approving the levy, but in no event shall the levy limits authorized in this subsection (3) be exceeded. Nothing shall prevent a member district that initially failed to approve the levy from conducting a subsequent election, held pursuant to section 34-106, Idaho Code, to authorize that district's participation in construction of the facility. Electors of the districts may approve continuation of such levy for an additional ten (10) years at an election held for that purpose. There is no limit on the number of elections which may be held for the purpose of continuing the levy authorized under this subsection (3) for an additional ten (10) years. The administration and accounting of moneys received by imposition of the levy shall be the same as provided in subsection (2) of this section.

History:

[33-317, added 1967, ch. 362, sec. 3, p. 1042; am. 1972, ch. 105, sec. 1, p. 216; am. 1985, ch. 107, sec. 2, p. 192; am. 1989, ch. 17, sec. 1, p. 19; am. 1991, ch. 111, sec. 1, p. 238; am. 2006, ch. 306, sec. 1, p. 945; am. 2008, ch. 104, sec. 1, p. 287; am. 2009, ch. 220, sec. 1, p. 684; am. 2009, ch. 227, sec. 1, p. 708; am. 2009, ch. 341, sec. 28, p. 1012.]
Idaho Code § 33-306 — Idaho Code / Title 33 / Chapter 3 / Section 33-306
33-306 BOUNDARIES OF SCHOOL DISTRICTS.
Status: in_force

33-306. Boundaries of school districts. There shall be no part of the area of the state of Idaho not included in the area of some school district.

A legal description of the boundaries of each school district, as now or hereafter established, shall be kept by the state board of education and by the board of county commissioners in each county in which any school district, or any part thereof, shall lie.

History:

[33-306, added 1963, ch. 13, sec. 36, p. 27.]
Idaho Code § 33-1636 — Idaho Code / Title 33 / Chapter 16 / Section 33-1636
33-1636 INNOVATION CLASSROOMS.
Status: in_force

33-1636. innovation classrooms. (1) For purposes of this section:

(a) "Alternative curriculum" means a curriculum in one (1) or more subject areas that is different than the curriculum in such area or areas offered by a school district. An alternative curriculum may encompass one (1) or more subject areas but must include, at a minimum, an alternative curriculum in mathematics, history, English language arts, or science.

(b) "Innovation classroom" means a classroom in which an alternative curriculum is offered.

(c) "Requesting party" means a person or group of persons that requests an innovation classroom agreement from a school district. Such person or group must include:

(i) A certified teacher or teachers in a school district; or

(ii) A parent or parents whose child or children attend school in a school district.

(2) A school district may enter into an innovation classroom agreement with a requesting party if the requesting party represents a group of students that is equal to or greater than the average class size in the school. The school district must indicate willingness or nonwillingness to enter into negotiation within sixty (60) days of the receipt of the request.

(3) An innovation classroom agreement must include:

(a) The name of any teacher or other certificated staff member who will be working in the innovation classroom. Any such teacher must be agreed upon by the school district and the parents of the students who will be receiving instruction in the innovation classroom;

(b) The names of the students participating in the innovation classroom;

(c) A description of how and where the innovation classroom's instruction will take place and whether instruction will include in-person, hybrid, or virtual components. If requested, the school district must provide a classroom for the innovation classroom;

(d) Growth criteria or other measures of student learning, such as those found in section 33-1001(19)[(20)], Idaho Code;

(e) The alternative curriculum and instructional materials to be used in the innovation classroom. The parents of the participating students must agree to the alternative curriculum, and the school district will determine whether the alternative curriculum meets state standards and recommend ways to supplement the alternative curriculum, if applicable;

(f) A description of an innovation classroom student's access to or use of the school district's transportation, playground, cafeteria, after-school activities, special education, and other services or facilities; and

(g) The date upon which the innovation classroom will start.

(4) Students in an innovation classroom may use transportation services offered by the school district if the schedule of the innovation classroom is consistent with the school district's schedule or if the parties provide for transportation services in the innovation classroom agreement.

(5) For purposes of compensation, any teacher or other certificated staff member working in an innovation classroom will be an employee of the school district and will be entitled to receive or participate in the public employee retirement system of Idaho, federal social security, unemployment insurance, worker's compensation, health insurance, and other benefits and compensation to the same extent as other employees in the school district.

(6) Students enrolled in an innovation classroom will be enrolled in the school district for the purpose of calculating educational support program funds apportioned to the school district. The school district must apportion funds for instructional use in an innovation classroom in an amount substantially similar to funds apportioned for instruction of students at the same grade level who do not participate in the innovation classroom.

(7) Students participating in an innovation classroom will not be included in the public school accountability results for the school district unless the school district so desires or such inclusion is required by applicable law or rule. The school district will not be responsible for services for participating students, except those services described in the innovation classroom agreement.

(8) Students in an innovation classroom must take any required state testing.

(9) Innovation classrooms must:

(a) Comply with the conditions or procedures established in the innovation classroom agreement; and

(b) Comply with applicable laws, including state, federal, and local laws prohibiting discrimination and laws governing safety, including but not limited to sections 33-122 and 33-130, Idaho Code.

History:

[33-1636, added 2021, ch. 302, sec. 1, p. 904; am. 2026, ch. 222, sec. 9, p. 994.]
Idaho Code § 33-5202 — Idaho Code / Title 33 / Chapter 52 / Section 33-5202
33-5202 LEGISLATIVE INTENT.
Status: in_force

33-5202. LEGISLATIVE INTENT. It is the intent of the legislature to provide opportunities for students, parents, teachers, and community members to attend, establish, and maintain public charter schools that operate independently from the existing traditional school district structure but within the existing public school system. Public charter schools are hereby authorized as part of the state's program of public education and they shall have equal access and authority to participate in all state and federal programs to the same extent as a traditional public school, irrespective of the instructional delivery method. The legislature aims to:

(1) Improve student learning;

(2) Increase learning opportunities for all students, with special emphasis on expanded learning experiences for students;

(3) Include the use of different and innovative teaching methods;

(4) Utilize virtual and hybrid learning;

(5) Create new professional opportunities for teachers, including the opportunity to be responsible for the learning program at the school site;

(6) Provide parents and students with expanded choices in the types of educational opportunities that are available within the public school system;

(7) Hold public charter schools accountable for meeting measurable student educational standards;

(8) Reward public charter schools that meet their accountability measures with enhanced autonomy and freedom from regulatory burden; and

(9) Foster and support charter schools through best practices, development, educational, and operational assistance.

History:

[33-5202, added 2024, ch. 9, sec. 4, p. 62.]
Idaho Code § 33-520A — Idaho Code / Title 33 / Chapter 5 / Section 33-520A
33-520A LIFE-THREATENING ALLERGIES IN SCHOOLS — GUIDELINES, STOCK SUPPLY OF EPINEPHRINE DELIVERY SYSTEMS AND EMERGENCY ADMINISTRATION.
Status: in_force

33-520A. Life-threatening allergies in schools — guidelines, stock supply of epinephrine delivery systems and emergency administration. (1) As used in this section, the following definitions shall apply:

(a) "Administer" means the direct application of an epinephrine delivery system to the body of an individual.

(b) "Designated school personnel" means an employee, agent or volunteer of a school designated by the governing authority of a school who has completed the training to provide or administer an epinephrine delivery system to a student.

(c) "Epinephrine delivery system" means a device that is approved by the federal food and drug administration that contains a premeasured dose of epinephrine and that is used to administer epinephrine into the human body.

(d) "Provide" means the supply of one (1) or more epinephrine delivery systems to an individual.

(e) "School" means any public or nonpublic school.

(f) "Self-administration" means a student or other person's discretionary use of an epinephrine delivery system, whether provided by the student or by a school nurse or designated school personnel pursuant to the provisions of this section.

(2) Any physician, advanced practice registered nurse licensed to prescribe or physician assistant licensed to prescribe pursuant to title 54, Idaho Code, may prescribe epinephrine delivery systems in the name of a school to be maintained for use in accordance with subsection (3) of this section. Licensed pharmacists and physicians may dispense epinephrine delivery systems pursuant to a prescription issued in accordance with this subsection. A school may maintain a stock supply of epinephrine delivery systems.

(3) The governing authority of a school may authorize school nurses and designated school personnel to do the following:

(a) Provide an epinephrine delivery system to a student to self-administer the epinephrine delivery system in accordance with a prescription specific to the student on file with the school nurse;

(b) Administer an epinephrine delivery system to a student in accordance with a prescription specific to the student on file with the school nurse; and

(c) Administer an epinephrine delivery system to any student or other individual on school premises that the school nurse or designated school personnel in good faith believes is experiencing anaphylaxis regardless of whether the student or other individual has a prescription for an epinephrine delivery system.

(4) A school may enter into arrangements with manufacturers of epinephrine delivery systems or third-party suppliers of epinephrine delivery systems to obtain epinephrine delivery systems at fair market price, reduced price or free.

(5) The governing authority of a school that participates in supplying and administering epinephrine delivery systems pursuant to the provisions of this section shall do the following:

(a) Require each school that maintains a stock supply and administers epinephrine delivery systems to submit a report of each incident at the school or related school event involving a severe allergic reaction or the administration of an epinephrine delivery system to the governing authority of the school or its designee; and

(b) Establish detailed standards for training programs that must be completed by designated school personnel in order to provide or administer an epinephrine delivery system in accordance with this section. Such training may be conducted online and, at a minimum, shall cover:

(i) Techniques on how to recognize symptoms of severe allergic reactions, including anaphylaxis;

(ii) Standards and procedures for the storage, administration and disposal of an epinephrine delivery system; and

(iii) Emergency follow-up procedures.

(6) There shall be no civil liability for any damages for a physician, advanced practice registered nurse, physician's assistant or pharmacist providing a prescription or standing protocol for school epinephrine delivery systems consistent with the standard of care for the provider. Further, there shall be no civil liability for damages for a school or its employees or agents for any injuries that result from the administration or self-administration of an epinephrine delivery system regardless of whether authorization for use was given by the student's parents, guardian or medical provider provided the actions taken in administering or providing the epinephrine delivery system were reasonable under the circumstances. The liability protections in this section do not apply to acts or omissions constituting gross negligence, those that are reckless or that constitute willful and wanton behavior. The liability protections in this section are in addition to any provided under section 5-330, Idaho Code.

History:

[33-520A, added 2014, ch. 146, sec. 1, p. 391; am. 2026, ch. 23, sec. 2, p. 112.]
Idaho Code § 33-3902 — Idaho Code / Title 33 / Chapter 39 / Section 33-3902
33-3902 MEETINGS — OFFICE — STATE ARCHAEOLOGIST.
Status: in_force

33-3902. Meetings — Office — State archaeologist. The advisory board shall hold annual meetings at the Idaho state historical society, the university of Idaho, Idaho state university or Boise state university on the first Monday of June of each year and shall hold such other meetings as it may deem necessary. The chief office of the survey and the office of its secretary shall be maintained at the Idaho state historical society. The professional archaeologist holding the position of state archaeologist in the Idaho state historical society is designated director of the survey.

History:

[33-3902, added 1992, ch. 116, sec. 1, p. 388; am. 2009, ch. 167, sec. 7, p. 501.]
Idaho Code § 33-1625 — Idaho Code / Title 33 / Chapter 16 / Section 33-1625
33-1625 YOUTH ATHLETES — CONCUSSION AND HEAD INJURY GUIDELINES AND REQUIREMENTS.
Status: in_force

33-1625. youth athletes — concussion and head injury guidelines and requirements. (1) The state board of education and the Idaho high school activities association shall provide access to appropriate guidelines and information that identify the signs and symptoms of a concussion and head injury and describe the nature and risk of concussion and head injury in accordance with standards of the centers for disease control and prevention through a link on the internet website of the board and the Idaho high school activities association.

(2) This section shall apply to any middle school, junior high school and high school in the state participating in or administering an organized athletic league or sport. For the purposes of this section, "youth athlete" or "athlete" means an individual who is eighteen (18) years of age or younger and who is a participant in any middle school, junior high school or high school athletic league or sport.

(3) At the beginning of each sports season before a youth athlete participates in any organized practice or game, the youth athlete and the youth athlete's parent or guardian shall receive the guidelines and information described in subsection (1) of this section from the school for which the athlete plays, and shall review the guidelines and information. Coaches, referees, game officials, game judges and athletic trainers shall review such guidelines and information upon employment and biennially thereafter.

(4) Schools shall obtain written consent from the youth athlete's parent or guardian on an annual basis attesting to the fact that the youth athlete's parent or guardian has received a copy of the concussion information and guidelines as outlined in subsection (3) of this section, acknowledges the inherent risk and authorizes the youth athlete to participate in athletic activity.

(5) If during a practice or game or competition, it is reasonably suspected that a youth athlete has sustained a concussion or head injury and exhibits outward signs or symptoms of such, as defined by the centers for disease control and prevention, then the youth athlete shall be removed from play. Every Idaho middle school, junior high school and high school that participates in or offers an organized athletic league shall develop protocol to be followed for removing such athletes from play. Such protocol shall be consistent with concussion and head injury guidelines of the centers for disease control and prevention.

(6) An athlete may be returned to play once the athlete is evaluated and authorized to return by a qualified health care professional who is trained in the evaluation and management of concussions. For the purposes of this section, "qualified health care professional" means and includes any one (1) of the following who is trained in the evaluation and management of concussions:

(a) A physician or physician assistant licensed under chapter 18, title 54, Idaho Code;

(b) An advanced practice nurse licensed under section 54-1409, Idaho Code; or

(c) A licensed health care professional trained in the evaluation and management of concussions who is supervised by a directing physician who is licensed under chapter 18, title 54, Idaho Code.

(7) Students who have sustained a concussion and return to school may need informal or formal accommodations, modifications of curriculum, and monitoring by medical or academic staff until the student is fully recovered. A student athlete should be able to resume all normally scheduled academic activities without restrictions or the need for accommodation prior to receiving authorization to return to play by a qualified health care professional as defined in subsection (6) of this section.

(8) If an individual reasonably acts in accordance with the protocol developed pursuant to subsection (5) of this section, then acting upon such protocol shall not form the basis of a claim for negligence in a civil action.

(9) Any youth sport organization or association in this state may comply with this section. If a youth sport organization or association is in full compliance with this section, then the youth sport organization or association shall be afforded the same protections from liability in a civil action pursuant to subsection (8) of this section.

History:

[33-1625, added 2012, ch. 299, sec. 2, p. 820; am. 2016, ch. 293, sec. 1, p. 822.]
Idaho Code § 33-102 — Idaho Code / Title 33 / Chapter 1 / Section 33-102
33-102 MEMBERSHIP — APPOINTMENT — GEOGRAPHICAL REGIONS — TERM OF OFFICE — QUALIFICATIONS — PLACE OF OFFICE.
Status: in_force

33-102. Membership — Appointment — Geographical regions — Term of office — Qualifications — Place of office. (1) The state board of education shall consist of the state superintendent of public instruction, who shall be an ex officio voting member and who shall serve as executive secretary of the board for all elementary and secondary school matters, and seven (7) members appointed by the governor, each for a term of five (5) years. All members of the board shall be citizens of the United States and shall have been a resident of the state of Idaho for no less than three (3) years prior to the date of appointment and each member shall be a bona fide resident of the geographical region that the board member is appointed to represent in accordance with the provisions of subsection (2) of this section. Appointment to the board shall be made only on consideration of the ability of such appointee to efficiently serve the interests of the people and such appointee's educational credentials, without regard to such appointee's occupation, party affiliation, or religion. Annually on the first day of July the governor shall appoint members to fill the board positions for which the terms of office have expired in the manner provided for in this section. Upon the expiration date of the term of office, a member shall continue to serve until a successor has been appointed. The governor shall, by appointment, fill any vacancy on the board, such appointment to be for the unexpired term of the retiring member pursuant to the provisions of this section. Board members shall act and assume full powers and duties as provided in this section upon appointment, but such appointments are subject to confirmation by the senate at its next session. The state board shall have and maintain its office in Ada county.

(2) There are hereby established seven (7) geographical regions within the state of Idaho and the governor shall select for appointment to the state board of education one (1) member from each geographical region. Each geographical region shall be numbered and delineated according to the legislative districts adopted by the Idaho commission for reapportionment pursuant to chapter 15, title 72, Idaho Code, as follows:

(a) Region 1 shall consist of legislative districts one, two, three, four, and five;

(b) Region 2 shall consist of legislative districts six, seven, eight, nine, and fourteen;

(c) Region 3 shall consist of legislative districts ten, eleven, twelve, thirteen, and twenty;

(d) Region 4 shall consist of legislative districts fifteen, sixteen, seventeen, twenty-one, and twenty-two;

(e) Region 5 shall consist of legislative districts eighteen, nineteen, twenty-three, twenty-four, and twenty-five;

(f) Region 6 shall consist of legislative districts twenty-six, twenty-seven, twenty-eight, twenty-nine, and thirty; and

(g) Region 7 shall consist of legislative districts thirty-one, thirty-two, thirty-three, thirty-four, and thirty-five.

(3) No later than August 1, 2024, the governor shall assign each current board member to a region established pursuant to subsection (2) of this section without regard to such member's residence within such region. Such member may serve out the remainder of his term but after such term has expired shall then be subject to the provisions of subsection (2) of this section.

(4) The residency requirements for each geographical region provided in this section shall apply to the filling of all vacancies on the board on and after July 1, 2024, including any vacancies then existing on such date. Beginning on July 1, 2024, if a vacancy occurs on a board seat and the governor does not receive an application within six (6) months of the posting of the vacancy from a qualified candidate who is a resident of the geographical region such board seat represents, the governor may appoint an individual who meets all other qualifications provided in subsection (1) of this section but resides outside the geographical region to serve as an interim board member for the remainder of a term or up to three (3) years, whichever is less. No more than two (2) board seats may be filled by such interim board members. No interim board members may reside in the same county as any current board member.

History:

[33-102, added 1963, ch. 13, sec. 2, p. 27; am. 1965, ch. 253, sec. 1, p. 637; am. 1972, ch. 85, sec. 1, p. 172; am. 1974, ch. 10, sec. 2, p. 49; am. 1993, ch. 404, sec. 2, p. 1472; am. 1999, ch. 56, sec. 2, p. 144; am. 2001, ch. 183, sec. 8, p. 618; am. 2014, ch. 138, sec. 1, p. 376; am. 2024, ch. 140, sec. 1, p. 545.]
Idaho Code § 33-1612 — Idaho Code / Title 33 / Chapter 16 / Section 33-1612
33-1612 THOROUGH SYSTEM OF PUBLIC SCHOOLS.
Status: in_force

33-1612. Thorough system of public schools. (1) As used in this section:

(a) "Blended or hybrid instruction" means instruction through both in-person and virtual instruction.

(b) "In-person instruction" means instruction in the physical presence of an individual employed by an Idaho local education agency.

(c) "Virtual instruction" means synchronous or asynchronous instruction primarily through the use of technology via the internet in a distributed environment.

(2) The constitution of the state of Idaho, section 1, article IX, charges the legislature with the duty to establish and maintain a general, uniform, and thorough system of public, free common schools. In fulfillment of this duty, the people of the state of Idaho have long enjoyed the benefits of a public school system, supported by the legislature, which has recognized the value of education to the children of this state. In continuing recognition of the fundamental duty established by the constitution, the legislature finds it in the public interest to define thoroughness and thereby establish the basic assumptions that govern provision of a thorough system of public schools. A thorough system of public schools in Idaho is one in which:

(a) A safe environment conducive to learning is provided;

(b) Educators are empowered to maintain classroom discipline;

(c) The basic values of honesty, self-discipline, unselfishness, respect for authority, and the central importance of work are emphasized;

(d) The skills necessary to communicate effectively are taught;

(e) A basic curriculum necessary to enable students to enter academic or career technical postsecondary educational programs is provided;

(f) Students acquire the knowledge and skills necessary for meeting challenging academic achievement standards and succeeding in the workforce and in life;

(g) The students are introduced to current technology;

(h) The importance of students acquiring the skills to enable them to be responsible citizens of their homes, schools, and communities is emphasized;

(i) Students have the right to an uninterrupted education that covers all disciplines, including music, the arts, and physical education if such courses are offered by the local education agency;

(j) During a period of state or local emergency, if a school district or public charter school has to change from in-person instruction at a school facility to virtual instruction or blended or hybrid instruction, then, to the greatest extent possible and where safety requirements can be developed by the school district or public charter school, an in-person instruction option will be made available to students; and

(k) Student progress is monitored and measured in all required courses of instruction.

(3) The state board shall adopt rules, pursuant to the provisions of chapter 52, title 67, Idaho Code, and section 33-105(3), Idaho Code, to establish a thorough system of public schools with uniformity as required by the constitution, but shall not otherwise impinge upon the authority of the board of trustees of the school districts. Authority to govern the school district, vested in the board of trustees of the school district, not delegated to the state board, is reserved to the board of trustees. Fulfillment of the expectations of a thorough system of public schools will continue to depend upon the vigilance of district patrons, the dedication of school trustees and educators, the responsiveness of state rules, and meaningful oversight by the legislature.

History:

[33-1612, added 1994, ch. 25, sec. 1, p. 39; am. 1999, ch. 329, sec. 4, p. 856; am. 2021, ch. 201, sec. 2, p. 551; am. 2024, ch. 9, sec. 43, p. 87.]
Idaho Code § 33-6001 — Idaho Code / Title 33 / Chapter 60 / Section 33-6001
33-6001 PARENTAL RIGHTS.
Status: in_force

33-6001. PARENTAL rights. (1) A student's parent or legal guardian has the right to reasonable academic accommodation from the child's public school. "Reasonable academic accommodation" means the school shall make its best effort to enable parents and legal guardians to exercise their rights without substantial impact to staff and resources, including employee working conditions, safety and supervision on school premises for school activities, and the efficient allocation of expenditures, while balancing the parental rights of parents and legal guardians, the educational needs of other students, the academic and behavioral impacts to a classroom, a teacher's workload, and the assurance of the safe and efficient operations of the school.

(2) School districts and the boards of directors of public charter schools, in consultation with parents, teachers, and administrators, shall develop and adopt a policy to promote the involvement of parents and legal guardians of children enrolled in the schools within the school district or the charter school, including:

(a) A plan for parent participation in the schools that is designed to improve parent and teacher cooperation in areas such as homework, attendance, and discipline;

(b) A process by which parents may learn about the course of study for their children and review learning materials, including the source of any supplemental educational materials;

(c) A process by which parents who object to any learning material or activity on the basis that it harms the child or impairs the parents' firmly held beliefs, values, or principles may withdraw their child from the activity, class, or program in which the material is used;

(d) The public school's responsibility for notifying a student's parent or legal guardian regarding known changes in the student's mental, emotional, or physical health or well-being;

(e) The reinforcement of the fundamental rights and responsibilities of parents as primary stakeholders to make decisions regarding the upbringing and control of the parent's child; and

(f) A process for staff to encourage students to discuss issues related to the student's well-being with the student's parent or legal guardian and, if necessary, to facilitate discussion of the issues with the parent or legal guardian.

(3) A policy shall not prohibit parents or legal guardians from accessing any of their children's education and health records created, maintained, or used by the public school unless such documentation relates to physical abuse, abandonment, or neglect by the parent or legal guardian. Unless a timeline is otherwise delineated in a specific applicable state or federal law, records shall be provided to the parent or legal guardian within five (5) school days after a request to access such records is made.

(4) A public school shall not adopt procedures, policies, or student support forms that prohibit public school personnel from notifying a parent or legal guardian about a student's mental, emotional, or physical health or well-being or a change in related services or monitoring or that encourage or have the effect of encouraging a student to withhold from a parent or legal guardian such information. This subsection does not prohibit a public school from adopting procedures that permit public school personnel to withhold information from a parent or legal guardian if ordered by a court of competent jurisdiction.

(5) A public school shall be required to adopt procedures and policies that prohibit classroom instruction by public school personnel on sexual orientation or gender identity from kindergarten through grade 12 or in a manner that is not age-appropriate or developmentally appropriate for students in accordance with state standards.

(6) At the start of the school year, each public school shall notify parents and legal guardians of health services offered or made available through the school or by private organizations, including preventative health and wellness services, screenings, medication administration, first aid and emergency care, and appropriate management of all health conditions with parental consent. Parental consent to any health or wellness service does not waive parents' or legal guardians' right to access their children's educational or associated health records or to be notified about their children's health status or monitoring as provided in this section.

(7) A public school shall notify a student's parent or legal guardian if a student has been or may be questioned by a school resource officer or other law enforcement official, unless the child is a victim or suspected victim of physical child abuse. School districts and public charter schools shall develop and adopt policies to ensure compliance with this subsection.

(8) Before any public school employee administers any noncurricular-related student survey, well-being questionnaire, or health screening to any student, the employee must first obtain consent from the school's superintendent or designee. If the content of any such survey, questionnaire, or screening regards an individual student's sexuality, sex, religion, personal political beliefs, mental or psychological problems, personal family information, or individual or family financial information, the public school shall provide the survey, questionnaire, or screening form to the student's parent or legal guardian in advance and obtain the permission of the parent or legal guardian.

(9) A parent or legal guardian of a child enrolled in an Idaho public school shall have reasonable access to observe all school activities during school hours in which the child is enrolled, except for those who are otherwise legally prohibited. Observations of individual classrooms during instructional time shall be permitted with the principal's and teacher's pre-approval. Visits shall not be permitted if their occurrence, duration, frequency, or conduct on campus interferes with the delivery of instruction or disrupts the normal school environment. Nothing in this section shall prevent a reasonable denial of entry due to emergency or safety drills, situations outlined in school safety plans, an emergency lockdown, periods of statewide testing, school officials' enforcement of the provisions of section 33-512, Idaho Code, or other specific situations enumerated by the school.

(10) A parent or legal guardian whose rights, as provided by this section, are violated by a public school may file a complaint with the school. Public schools shall implement policies and procedures to accept, evaluate, and remedy complaints.

(11) If a complaint is not satisfactorily remedied by the public school, a parent shall have a private cause of action for injunctive relief, damages, and any other relief available under law against the school.

History:

[(33-6001) 33-5601, added 2016, ch. 143, sec. 1, p. 410; am. and redesig. 2017, ch. 58, sec. 15, p. 109; am. 2023, ch. 107, sec. 1, p. 313; am. 2025, ch. 223, sec. 1, p. 1044.]
Idaho Code § 33-1409 — Idaho Code / Title 33 / Chapter 14 / Section 33-1409
33-1409 MEASURING AND REPORTING CAPACITY.
Status: in_force

33-1409. MEASURING AND REPORTING CAPACITY. (1) Every school district must determine maximum enrollment for each grade-level. The district will use the maximum enrollment to determine space available for transfer applications. For secondary grades, a district may use core classroom size per grade level as the standard to determine maximum enrollment.

(2) Not less than four (4) times during the school year, every school district shall publicly post on its website the space available at each grade-level and at each school. Space available shall be determined by comparing the maximum enrollment to the number of pupils actually enrolled. A school district that does not meet the minimum sample size necessary to prevent unlawful release of personally identifiable student data established pursuant to subsection (5) of this section is not subject to the publication requirements pursuant to this subsection.

(3) Not less than four (4) times during the school year, every school district shall report to the state reporting system the space available at each grade-level, school, and in each program, the number of transfer applications, the number of accepted transferred pupils, and the number of denied applications.

(4) By September 1 each year, the state board of education shall collect, analyze, and publish to its website the capacity and transfer data from each school district from the previous year. The report shall include the number of participants, the number of denied applications, and other relevant information. The state board of education shall also report this information to the legislature no later than February 1 of each year.

(5) The state board of education shall not publish or release data of a school district if the number of students who applied for a transfer is less than the minimum sample size necessary for prevention of the unlawful release of personally identifiable student data. The state board of education shall establish the minimum number of students necessary to meet the requirements of this subsection.

History:

[33-1409, added 2023, ch. 156, sec. 6, p. 424.]
Idaho Code § 33-311 — Idaho Code / Title 33 / Chapter 3 / Section 33-311
33-311 PLAN OF CONSOLIDATION SUBMITTED TO ELECTORS.
Status: in_force

33-311. Plan of consolidation submitted to electors. The state board of education may approve or disapprove any plan proposing consolidation, and if it approves the same the department of education shall give notice thereof to the board of trustees of each school district proposing to consolidate and to the board of county commissioners in each county in which the proposed consolidated district would lie. Notice to the board of county commissioners shall include the legal description of the boundaries of the proposed consolidated district and a brief statement of the approved proposal, and shall be accompanied by a map of the proposed consolidated district.

Not more than ten (10) days after receiving the notice from the state department of education, each board of county commissioners receiving such notice shall enter the order calling for an election on the question of approving or disapproving, and shall cause notice of such election to be published. The notice shall be published, the election shall be held and conducted and its results canvassed, in the manner and form of title 34, Idaho Code.

If the qualified school electors of any one (1) district proposing to consolidate, and voting in the election, shall constitute a majority of all such electors voting in the entire area of the proposed consolidated district, the proposed consolidation shall not be approved unless a majority of such electors in such district, voting in the election, and a majority of such electors in each of the remaining districts, voting in the election, shall approve the proposed consolidation.

If the qualified school electors in no one (1) of the districts proposing to consolidate, and voting in the election, constitute a majority of all such electors voting in the entire area of the proposed consolidated district, the proposed consolidation shall not be approved unless a majority of all such electors in each district, voting in the election, shall approve the proposed consolidation.

In any plan of consolidation the existing bonded debt of any district or districts proposing to consolidate, shall not become the obligation of the proposed consolidated school district. The debt or debts shall remain an obligation of the property within the districts proposing the consolidation. Upon voter approval of the proposed consolidation, the districts proposing to consolidate shall become subdistricts of the new district as if they had been created under the provisions of section 33-351, Idaho Code. The subdistricts shall be called bond redemption subdistricts. The powers and duties of such bond redemption subdistricts shall not include authority to incur new indebtedness within the subdistricts.

When a consolidation is approved, as hereinabove prescribed, a new school district is thereby created. The board of canvassers shall thereupon promptly notify the state department of education and the affected school districts of such result. The superintendent of public instruction shall make an appropriate order showing the creation of the district, a legal description of its boundaries, and the legal descriptions of the boundaries of the affected school districts as prescribed in section 33-308, Idaho Code.

History:

[33-311, added 1963, ch. 13, sec. 41, p. 27; am. 1985, ch. 237, sec. 1, p. 562; am. 1989, ch. 296, sec. 2, p. 725; am. 2009, ch. 107, sec. 3, p. 341; am. 2009, ch. 341, sec. 25, p. 1009.]
Idaho Code § 33-6202 — Idaho Code / Title 33 / Chapter 62 / Section 33-6202
33-6202 LEGISLATIVE FINDINGS AND PURPOSE.
Status: in_force

33-6202. legislative findings and purpose. (1) The legislature finds that there are "inherent differences between men and women," and that these differences "remain cause for celebration, but not for denigration of the members of either sex or for artificial constraints on an individual's opportunity," United States v. Virginia, 518 U.S. 515, 533 (1996);

(2) These "inherent differences" range from chromosomal and hormonal differences to physiological differences;

(3) Men generally have "denser, stronger bones, tendons, and ligaments" and "larger hearts, greater lung volume per body mass, a higher red blood cell count, and higher haemoglobin," Neel Burton, The Battle of the Sexes, Psychology Today (July 2, 2012);

(4) Men also have higher natural levels of testosterone, which affects traits such as hemoglobin levels, body fat content, the storage and use of carbohydrates, and the development of type 2 muscle fibers, all of which result in men being able to generate higher speed and power during physical activity, Doriane Lambelet Coleman, Sex in Sport, 80 Law and Contemporary Problems 63, 74 (2017) (quoting Gina Kolata, Men, Women and Speed. 2 Words: Got Testosterone?, N.Y. Times (Aug. 21, 2008));

(5) The biological differences between females and males, especially as it relates to natural levels of testosterone, "explain the male and female secondary sex characteristics which develop during puberty and have lifelong effects, including those most important for success in sport: categorically different strength, speed, and endurance," Doriane Lambelet Coleman and Wickliffe Shreve, "Comparing Athletic Performances: The Best Elite Women to Boys and Men," Duke Law Center for Sports Law and Policy;

(6) While classifications based on sex are generally disfavored, the Supreme Court has recognized that "sex classifications may be used to compensate women for particular economic disabilities [they have] suffered, to promote equal employment opportunity, [and] to advance full development of the talent and capacities of our Nation's people," United States v. Virginia, 518 U.S. 515, 533 (1996);

(7) One place where sex classifications allow for the "full development of the talent and capacities of our Nation's people" is in the context of sports and athletics;

(8) Courts have recognized that the inherent, physiological differences between males and females result in different athletic capabilities. See e.g. Kleczek v. Rhode Island Interscholastic League, Inc., 612 A.2d 734, 738 (R.I. 1992) ("Because of innate physiological differences, boys and girls are not similarly situated as they enter athletic competition."); Petrie v. Ill. High Sch. Ass'n, 394 N.E.2d 855, 861 (Ill. App. Ct. 1979) (noting that "high school boys [generally possess physiological advantages over] their girl counterparts" and that those advantages give them an unfair lead over girls in some sports like "high school track");

(9) A recent study of female and male Olympic performances since 1983 found that, although athletes from both sexes improved over the time span, the "gender gap" between female and male performances remained stable. "These suggest that women's performances at the high level will never match those of men." Valerie Thibault et al., Women and men in sport performance: The gender gap has not evolved since 1983, 9 Journal of Sports Science and Medicine 214, 219 (2010);

(10) As Duke Law professor and All-American track athlete Doriane Coleman, tennis champion Martina Navratilova, and Olympic track gold medalist Sanya Richards-Ross recently wrote: "The evidence is unequivocal that starting in puberty, in every sport except sailing, shooting, and riding, there will always be significant numbers of boys and men who would beat the best girls and women in head-to-head competition. Claims to the contrary are simply a denial of science," Doriane Coleman, Martina Navratilova, et al., Pass the Equality Act, But Don't Abandon Title IX, Washington Post (Apr. 29, 2019);

(11) The benefits that natural testosterone provides to male athletes is not diminished through the use of puberty blockers and cross-sex hormones. A recent study on the impact of such treatments found that even "after 12 months of hormonal therapy," a man who identifies as a woman and is taking cross-sex hormones "had an absolute advantage" over female athletes and "will still likely have performance benefits" over women, Tommy Lundberg et al., "Muscle strength, size and composition following 12 months of gender-affirming treatment in transgender individuals: retained advantage for the transwomen," Karolinksa Institutet (Sept. 26, 2019); and

(12) Having separate sex-specific teams furthers efforts to promote sex equality. Sex-specific teams accomplish this by providing opportunities for female athletes to demonstrate their skill, strength, and athletic abilities while also providing them with opportunities to obtain recognition and accolades, college scholarships, and the numerous other long-term benefits that flow from success in athletic endeavors.

History:

[33-6202, added 2020, ch. 333, sec. 1, p. 967.]
Idaho Code § 33-601A — Idaho Code / Title 33 / Chapter 6 / Section 33-601A
33-601A LEASING OF GOODS, EQUIPMENT, BUSES AND PORTABLE CLASSROOMS.
Status: in_force

33-601A. Leasing of goods, equipment, buses and portable classrooms. No provision of chapter 6, title 33, or chapter 28, title 67, Idaho Code, shall be construed to prevent a board of trustees from entering into lease-purchase agreements for goods, equipment, buses or portable classrooms, provided the agreement is in writing and meets all of the following requirements:

(1) The annual lease payments shall reflect reasonable compensation for use;

(2) No penalty shall be imposed on the school district for proper cancellation of the lease;

(3) The right to exercise the option to purchase shall be at the sole discretion of the school district; and

(4) The cost of purchase shall not exceed the reasonable value of the goods, equipment, buses or portable classrooms as of the time the option to purchase is exercised.

For the purposes of this section, "portable classroom" means a facility which is not so related to particular real estate that an interest in it arises under real estate law.

History:

[33-601A, added 1992, ch. 175, sec. 1, p. 552; am. 2005, ch. 213, sec. 6, p. 643.]
Idaho Code § 33-3733 — Idaho Code / Title 33 / Chapter 37 / Section 33-3733
33-3733 TITLE IX COMPLIANCE IN HIGHER EDUCATION.
Status: in_force

33-3733. Title IX Compliance in Higher Education. (1) For the purposes of this section:

(a) "Institution of higher education" means any public postsecondary institution, including but not limited to universities, colleges, and community colleges, operating within the state of Idaho that receives federal financial assistance.

(b) "Office for civil rights" means the federal agency responsible for enforcing title IX compliance within educational institutions.

(c) "President" means the chief executive officer or equivalent highest-ranking official of an institution of higher education in the state of Idaho, without regard to the specific title of such individual.

(d) "Title IX" means title IX of the education amendments of 1972 (20 U.S.C. 1681 et seq.), and all applicable federal regulations duly promulgated by any federal department or agency pursuant to the same.

(e) "Title IX compliance" means the policies, procedures, actions, and investigations required by title IX to ensure that an institution of higher education is in compliance with title IX.

(2) The president of each institution of higher education in Idaho shall have the exclusive authority and duty to implement all title IX compliance. When necessary, the president of an institution of higher education may delegate specific tasks or duties related to title IX to designated staff reporting to the office of the president, provided that the president approves any final decision or action on any title IX related task or duty. To carry out this provision, the president of each institution of higher education in Idaho shall:

(a) Establish policies to implement the requirements of title IX and corresponding binding federal regulations issued by the United States department of education and the office for civil rights. Such policies shall be narrowly tailored to meet only the minimum requirements of title IX; and

(b) Ensure that all complaints filed with the institution of higher education pursuant to title IX are promptly investigated in accordance with title IX regulations. The president shall review and approve any decisions regarding sanctions, accommodations, or disciplinary actions arising from title IX complaints.

(3) The president of each institution of higher education shall prepare and submit a report to the Idaho state board of education and the Idaho legislative services office no later than July 1 of each year, which report shall include:

(a) The number of title IX complaints received during the previous academic year. The report shall also include the number of investigations conducted and a description of the outcomes of all investigations;

(b) Copies of all title IX-related policies and procedures of the institution of higher education, which shall conspicuously highlight any changes made to such policies and procedures during the previous year;

(c) A summary of interim measures taken to protect complainants and the accused during the time an investigation is pending; and

(d) A summary of all corrective actions taken to address failures in title IX compliance.

History:

[(33-3733) 33-3732, added 2025, ch. 257, sec. 3, p. 1128; am. and redesig. 2026, ch. 251, sec. 8, p. 1059.]
Idaho Code § 33-2502 — Idaho Code / Title 33 / Chapter 25 / Section 33-2502
33-2502 BOARD OF LIBRARY COMMISSIONERS — APPOINTMENT, REMOVAL AND TERMS — OFFICERS — MEETINGS — COMPENSATION.
Status: in_force

33-2502. Board of library commissioners — appointment, removal and terms — Officers — Meetings — Compensation. The board of library commissioners shall, for the purposes of section 20, article IV of the constitution of the state of Idaho, be maintained within the department of self-governing agencies and shall consist of five (5) commissioners appointed by the governor. The board shall nominate to the governor qualified candidates to fill any board vacancy. The governor shall consider geographic representation when selecting board commissioners by appointing one (1) board commissioner from the northern part of the state, one (1) board commissioner from the eastern part of the state, one (1) board commissioner from the southwestern part of the state and one (1) board commissioner from each of the two (2) congressional districts. Appointments are for five (5) year terms and commissioners may serve more than one (1) term. At the end of a term, the commissioner shall continue to serve until a successor is appointed and qualifies. A vacancy on the board of library commissioners shall be filled in the same manner as regular appointments and shall be for the unexpired portion of the term. The governor may remove board commissioners for cause including, but not limited to, frequent absences from board meetings. The board of library commissioners shall annually elect a chairman, vice chairman and other officers as it deems reasonably necessary. The board of library commissioners shall meet at least twice each year. Commissioners shall be compensated as provided by section 59-509(n), Idaho Code.

History:

[33-2502, added 1998, ch. 57, sec. 2, p. 211; am. 2006, ch. 235, sec. 3, p. 702; am. 2009, ch. 178, sec. 2, p. 576.]
Idaho Code § 33-4102 — Idaho Code / Title 33 / Chapter 41 / Section 33-4102
33-4102 ESTABLISHING THE IDAHO EDUCATION COUNCIL.
Status: in_force

33-4102. Establishing the Idaho Education Council. There is hereby established the "Idaho Education Council" composed of the members of the "Education Commission of the States" representing this state, and eight other persons appointed by the governor for terms of three years. Such other person shall be selected so as to be broadly representative of professional and lay interest within this state having the responsibilities for, knowledge with respect to, and interest in educational matters. The chairman shall be designated by the governor from among its members. The council shall meet on the call of its chairman or at the request of a majority of its members, but in any event the council shall meet not less than three times in each year. The council may consider any and all matters relating to recommendations of the education commission of the states and the activities of the members in representing the state thereon.

History:

[33-4102, added 1967, ch. 15, sec. 2, p. 24.]
Idaho Code § 33-1634 — Idaho Code / Title 33 / Chapter 16 / Section 33-1634
33-1634 COMPUTER SCIENCE.
Status: in_force

33-1634. computer science. Starting in fiscal year 2020, each school district, specially chartered district and public charter school serving students in grades 9 through 12 inclusive, or any combination thereof, shall make available to all students in grades 9 through 12 one (1) or more courses in computer science. Students must have the option of taking the course as part of their course schedule during normal instructional hours at the school in which the student is enrolled. Such courses may be offered through virtual education programs and online courses, traditional in-person courses or hybrid courses consisting of a combination of online and in-person instruction. Computer science courses must be aligned with the Idaho content standards for computer science.

History:

[33-1634, added 2018, ch. 239, sec. 1, p. 562.]
Idaho Code § 33-801 — Idaho Code / Title 33 / Chapter 8 / Section 33-801
33-801 SCHOOL DISTRICT BUDGET.
Status: in_force

33-801. School district budget. No later than twenty-eight (28) days or, if the conditions provided for in section 33-804(4), Idaho Code, have been met, fourteen (14) days prior to its regular July meeting, the board of trustees of each school district shall have prepared a budget, in form prescribed by the state superintendent of public instruction, and shall have called and caused to be held a public hearing thereon, and at such public hearing, or at a special meeting held no later than fourteen (14) days after the public hearing, shall adopt a budget for the ensuing year. Notice of the hearing shall be posted, and published as prescribed in section 33-402, Idaho Code, and a record of the hearing shall be kept by the clerk of the board of trustees. At the time said notice is given and until the date of the hearing, a copy of the budget shall be available for public inspection at all reasonable times at the administrative offices of the school district, or at the office of the clerk of the district. The board of trustees of each school district shall also prepare and publish, as a part of such notice, a summary statement of the budget for the current and ensuing years. Such statement shall be prepared in a manner consistent with standard accounting practices and in such form as the state superintendent of public instruction shall prescribe, and, among other things, said statement shall show amounts budgeted for all major classifications of income and expenditures, with total amounts budgeted for salary and wage expenditures in each such classification shown separately. Such statement shall show amounts actually expended for the two (2) previous years for the same classification for purposes of comparison. The budgeted dollar amounts of revenue in those categories included within the provisions of section 33-802, Idaho Code, as approved within the adopted budget shall be the same as presented to the respective county commissioners for tax levy purposes.

History:

[33-801, added 1963, ch. 13, sec. 90, p. 27; am. 1963, ch. 348, sec. 1, p. 986; am. 1973, ch. 62, sec. 2, p. 102; am. 1975, ch. 46, sec. 1, p. 85; am. 1978, ch. 158, sec. 1, p. 346; am. 1985, ch. 107, sec. 5, p. 198; am. 1989, ch. 2, sec. 1, p. 3; am. 1997, ch. 175, sec. 1, p. 494; am. 2009, ch. 171, sec. 5, p. 548; am. 2011, ch. 299, sec. 2, p. 854; am. 2018, ch. 164, sec. 6, p. 325.]
Idaho Code § 33-3004 — Idaho Code / Title 33 / Chapter 30 / Section 33-3004
33-3004 ORGANIZATION, MEETINGS AND PROCEEDINGS OF BOARD.
Status: in_force

33-3004. Organization, meetings and proceedings of board. The board of trustees, at its first meeting and annually thereafter, shall organize by electing a chairman, a vice-chairman and a secretary. A majority of the board shall constitute a quorum for the transaction of business, but a smaller number may adjourn from time to time. No member of the board shall participate in any proceeding in which he has a pecuniary interest. No vacancy on the board shall impair the right of the remaining trustees to exercise all the powers of the board. Every vote and official act shall be entered of record. The state treasurer shall serve as treasurer of the board. It shall be the duty of the secretary to keep an accurate and detailed account of the doings of the board.

History:

[33-3004, added 1963, ch. 12, sec. 4, p. 23.]
Idaho Code § 33-5206 — Idaho Code / Title 33 / Chapter 52 / Section 33-5206
33-5206 REQUIREMENTS FOR OPERATING A PUBLIC CHARTER SCHOOL.
Status: in_force

33-5206. REQUIREMENTS FOR OPERATING A PUBLIC CHARTER SCHOOL. (1) A public charter school shall be nonsectarian in its programs, affiliations, admission policies, employment practices, and all other operations, shall not charge tuition, levy taxes, or issue bonds, and shall not discriminate against any student on any basis prohibited by the federal or state constitution or any federal, state, or local law. Public charter schools shall comply with the federal individuals with disabilities education act. Admission to a public charter school shall not be determined according to the place of residence of the student or of the student's parent or guardian within the district.

(2) No board of trustees of a public school district may require:

(a) Any employee of the school district to be involuntarily assigned to work in a public charter school; or

(b) Any student enrolled in the school district to attend a public charter school.

(3) Employment of charter school teachers and administrators shall be on written contract.

(4) Administrators may be certified pursuant to the requirements set forth in chapter 12, title 33, Idaho Code, pertaining to traditional public schools or may hold a charter school administrator certificate, which requires that the administrator:

(a) Holds a bachelor's degree from an accredited four (4) year institution;

(b) Submits to a criminal history check as described in section 33-130, Idaho Code;

(c) Completes a course consisting of a minimum of three (3) semester credits in the statewide framework for teacher evaluations, which shall include a laboratory component;

(d) Submits a letter of support from a charter holder; and

(e) Has one (1) or more of the following:

(i) Four (4) or more years of experience administering a public charter school;

(ii) A postbaccalaureate degree and a minimum of five (5) years of experience in school administration, public administration, business administration, or military administration;

(iii) Successful completion of a nationally recognized charter school leaders fellowship; or

(iv) Four (4) or more years of teaching experience and a commitment from an administrator at a charter school in academic, operational, and financial good standing, according to its authorizer's most recent review, to mentor the applicant for a minimum of one (1) year.

(5) A charter school administrator certificate is valid for five (5) years and renewable thereafter. Administrators shall be subject to oversight by the professional standards commission. Certificates may be revoked pursuant to the provisions of section 33-1208, Idaho Code. Issuance of a certificate to any applicant may be refused for such reason as would have constituted grounds for revocation.

(6) Certified teachers in a public charter school shall be considered public school teachers. Educational experience shall accrue for service in a public charter school and be counted by any school district for any teacher who has been employed in a public charter school. The staff of the public charter school shall be considered a separate unit for the purposes of collective bargaining.

(7) Charter school teachers, including teachers in virtual schools, may be certified pursuant to the requirements set forth in chapter 12, title 33, Idaho Code, pertaining to traditional public school districts or may hold a charter school-specific teaching certificate.

(a) Criteria for a charter school-specific teaching certificate shall be in writing and require that teachers satisfy the provisions set forth in section 33-1202 1., 3., and 4., Idaho Code, and meet the following minimum educational or professional qualifications:

(i) Hold a bachelor's degree from an accredited institution; or

(ii) If instructing students in the fields of career technical education, satisfy the provisions of section 33-2205(6)(a), Idaho Code. Career technical education programs taught by teachers with a charter school-specific teaching certificate shall receive added-cost funding set forth in section 33-2215, Idaho Code, in an amount equal to programs taught by teachers with an occupational specialist teaching certificate.

(b) Teachers with a charter school-specific teaching certificate shall receive mentoring and professional development as approved by the charter holder.

(c) The state board of education shall issue charter school-specific teaching certificates to teachers upon recommendation of the individual charter school, unless denied on the grounds set forth in section 33-1208, Idaho Code.

(d) For teachers holding a charter school-specific teaching certificate, a charter school may substitute its own ongoing education and professional development requirements in place of those set forth in rule by the state board of education if the same number of credit hours is required as that of teachers holding a standard instructional certificate.

(8) Public charter schools may contract with educational services providers subject to the following provisions:

(a) Educational services providers shall be third-party entities separate from the public charter schools with which they contract and shall not be considered governmental entities, provided that such contracts may be evaluated by the authorizer;

(b) No more than one-third (1/3) of the public charter school's board membership may be comprised of nonprofit educational services provider representatives. Nonprofit educational services provider representatives may not be employees of the public charter school or the educational services provider and may not hold office as president or treasurer on the public charter school's board. For-profit educational services providers may not have representatives on the public charter school's board of directors. The board of directors of public charter schools, including virtual schools, and the educational services providers with which a school contracts shall establish policies for individuals who are employed by both the public charter school and the educational services provider with which the school contracts. Such policies shall include protocol regarding conflicts of interest, mechanisms for accountability and oversight, and guidelines for employees;

(c) Charter holders shall annually disclose any existing and potential conflicts of interest, pecuniary or otherwise, with affiliated educational services providers;

(d) Charter holders shall retain accountability for academic, fiscal, and organizational operations and outcomes of the school and may not relinquish this responsibility to any other entity;

(e) Contracts must ensure that school boards retain the right to terminate the contract for failure to meet defined performance standards after notice and a reasonable cure period has expired and if material deficiencies have not been cured prior to that time period expiring;

(f) Contracts must ensure that assets purchased by educational services providers on behalf of the school, using public funds, shall remain assets of the school. The provisions of this paragraph shall not prevent educational services providers from acquiring assets using revenue acquired through management fees;

(g) Charter holders shall consult legal counsel independent of the party with whom they are contracting for purposes of reviewing the school's management contract and facility lease or purchase agreements to ensure compliance with applicable state and federal law, including requirements that state entities not enter into contracts that obligate them beyond the terms of any appropriation of funds by the state legislature;

(h) Charter holders must ensure that their facility contracts are separate from management contracts;

(i) A virtual school shall be deemed financially sufficient if there is an agreement that requires an educational services provider to assume the virtual school's financial risk when it does not have sufficient residual funds to pay the educational services provider. Where this paragraph is applicable, the educational services provider shall make its audited financial statements available, unless the educational services provider already makes such audited financial statements publicly available for compliance with other federal or state laws;

(j) All contracts and any subsequent amendments thereto between a virtual school and an educational services provider relating to the provision of virtual learning to students shall be approved by the school's board of directors prior to execution. Such virtual schools shall provide proof of Idaho residency for all enrolled students to the authorizer, upon request;

(k) Curricular materials, as defined in section 33-118A, Idaho Code, including any alternative or supplemental curriculum, shall meet content standards as set forth in rule promulgated by the state board of education, and a system shall be established to document such curriculum;

(l) Any educational services provider contracting with and receiving public funds from a virtual school shall provide a written disclosure of services and costs in its contract that shall:

(i) Identify the specific services provided to the virtual school;

(ii) Identify the cost of each service or category of service and the method used to calculate such cost; and

(iii) Demonstrate a clear relationship between the public funds received and the services provided; and

(m)(i) No public charter school, virtual school, or educational services provider with which they contract shall furnish any payment of state funds directly to parents or legal guardians of enrolled students. Any state funds determined by the virtual school to be used as supplemental learning funds shall be used only for eligible education expenses as provided in this paragraph. "Supplemental learning funds" means state funds that are determined by a public charter school, or a public school district, to enhance educational services or resources and to cover educational costs for students learning outside traditional classrooms and learning at home. Eligible education expenses shall be available for all courses, including elective courses. Such funds shall be expended through direct order by the virtual school only, except as otherwise provided in this paragraph.

(ii) Eligible educational expenses, for the purposes of this section, includes:

1. Computer hardware, internet access, or other technological devices or services that are primarily used to meet a student's educational needs, provided that expenses for internet access shall be eligible for reimbursement;

2. Textbooks, curricula, or other instructional materials, including educational software and applications;

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

4. Therapies, including but not limited to occupational, behavioral, physical, speech-language, and audiology therapies, or other services or therapies specifically approved by the state board of education; and

5. Other educational expenses and services as approved by the state board of education.

(iii) The state board of education shall promulgate rules, subject to legislative approval, to implement the provisions of this paragraph. Such rules shall include a list of allowable items for eligible educational expenses.

(9) Except as otherwise provided in this chapter, authorizers shall not contract with any public charter schools, including virtual schools, that such authorizers approved.

(10) A virtual school shall retain the authority to hire, oversee, and evaluate all teachers delivering instruction in the virtual school.

(11) Admission procedures, including provision for over-enrollment, shall provide that the initial admission procedures for a public charter school will be determined by lottery or other random method, except as otherwise provided in this section. A charter holder shall strive to ensure that citizens in the primary attendance area are made aware of the enrollment opportunities and deadline. The public notice must include the enrollment deadline, the public charter school's total enrollment capacity for the next school year, and an advisory that all prospective students will be given the opportunity to enroll in the public charter school regardless of race, color, national origin, ethnicity, religion, gender, socioeconomic status, or special needs.

(a)(i) If initial capacity is insufficient to enroll all pupils who submit a timely application, then the admission procedures may provide that preference shall be given in the following order:

1. To children of founders, provided that this admission preference shall be limited to not more than ten percent (10%) of the capacity of the public charter school;

2. To siblings of pupils already selected by the lottery or other random method, including children in foster care, as that term is defined in section 16-1602, Idaho Code, who are placed in a home with pupils already selected by the lottery or other random method;

3. To the following in any order chosen by the public charter school:

(A) To children of families with at least one (1) parent or legal guardian who is on active duty or on active guard and reserve duty, as those terms are defined in 10 U.S.C. 101;

(B) To pupils seeking to transfer from another Idaho public charter school or authorizer at which they have been enrolled for at least one (1) year, provided that this admission preference shall be subject to an existing written agreement for such preference between the subject charter schools or authorizer; and

(C) To students residing within the primary attendance area of the public charter school; and

4. By an equitable selection process such as a lottery or other random method.

(ii) A public charter school may weight the school's lottery to preference admission for the following educationally disadvantaged students: students living at or below one hundred eighty-five percent (185%) of the federal poverty level, students who are homeless or in foster care, children with disabilities as defined in section 33-2001, Idaho Code, students with limited English proficiency, and students who are at-risk as defined in section 33-1001, Idaho Code. A public charter school may include the children of full-time employees of the public charter school within the first priority group, subject to the limitations therein.

(b) If capacity is insufficient to enroll all pupils who submit a timely application for subsequent school terms, then the admission procedures may provide that preference shall be given in the following order: first, to pupils returning to the public charter school in the second or any subsequent year of its operation; and then as provided in paragraph (a) of this subsection. The sibling preference in subsequent school years applies to siblings of a returning pupil and of a pupil selected by the lottery or other random method. A new lottery shall be conducted each year to fill vacancies that become available. A public charter school may weight the school's lottery to preference admission as provided in this paragraph and paragraph (a) of this subsection and for children who attended the public charter school within the previous three (3) school years but withdrew as a result of the relocation of a parent or guardian due to an academic sabbatical or an employer or military transfer or reassignment.

(c) Each public charter school shall establish a process under which a child may apply for enrollment or register for courses, regardless of where such child resides at the time of application or registration, if the child is a dependent of a member of the United States armed forces who has received transfer orders to a location in Idaho and will, upon such transfer, reside in an area served by the public charter school. If capacity is insufficient as described in paragraph (a) or (b) of this subsection, a child described in this paragraph shall be treated as a student residing within the primary attendance area of the public charter school for purposes of preference. Otherwise, such children shall be included in the highest priority group for which they would otherwise be eligible.

(d) Admission to a public charter school shall be determined by a selection process held within seven (7) days of the enrollment deadlines established by the charter holder. The selection process must take place in a public setting, the date and time of which must be noticed to the public at least forty-eight (48) hours in advance.

(e) Within seven (7) days after conducting the selection process, the charter holder shall send an offer to the legal guardian who submitted a written request for admission on behalf of a student notifying such person that the student has been selected for admission to the public charter school. An offer must be signed by such student's parent or guardian and returned to the public charter school by the date designated in such offer letter. Remaining students shall be notified that they may be eligible for admission at a later date if a seat becomes available.

(f) If a school exceeds its projected student count in a lottery and a sufficient wait list exists, the school may increase enrollment by adding additional students per grade, not to exceed the total amount of students authorized by the charter.

History:

[33-5206, added 2024, ch. 9, sec. 21, p. 70; am. 2026, ch. 12, sec. 3, p. 90; am. 2026, ch. 122, sec. 1, p. 605.]
Idaho Code § 33-1803 — Idaho Code / Title 33 / Chapter 18 / Section 33-1803
33-1803 LEGISLATIVE FINDINGS.
Status: in_force

33-1803. legislative findings. Pursuant to section 1, article IX, of the Idaho constitution, and the state constitutional duty to establish and maintain a general, uniform, and thorough system of public, free common schools, the legislature finds that ensuring all students have access through the public schools to evidence-based reading instruction and interventions focused on developing the foundational reading skills of phonemic awareness, phonics, fluency, vocabulary, and text comprehension are significant components of ensuring that the system of public schools throughout the state is uniform and thorough. In exercising its duty of general supervision and governance of the public schools of the state, it is appropriate that the state board of education, supported by the department of education, hold local education providers accountable for demonstrating that the reading instruction they provide is focused on these foundational reading skills.

History:

[33-1803, added 2021, ch. 292, sec. 5, p. 875.]
Idaho Code § 33-1207A — Idaho Code / Title 33 / Chapter 12 / Section 33-1207A
33-1207A TEACHER PREPARATION.
Status: in_force

33-1207A. Teacher preparation.

(1)(a) Higher Education Institutions. The state board shall review teacher preparation programs at the institutions of higher education.

(b) Nonpublic Teacher Preparation Programs.

(i) The state board shall grant teaching certificates to graduates of all already board-approved nonpublic teacher preparation programs that require their graduates to satisfy the following:

1. Hold a bachelor's degree from an accredited four (4) year institution;

2. Submit to a criminal history check as described in section 33-130, Idaho Code;

3. Pass the required content training in the area or areas in which the graduate seeks to be endorsed. The content training must be in substantive alignment with knowledge or equivalent standards set forth in the initial standards for teacher certification, if any; and

4. Pass pedagogical training in substantive alignment with knowledge or equivalent standards set forth in the core standards of the initial standards for teacher certification, if any.

(ii) Teaching certificates granted pursuant to this subsection shall be equivalent to certificates granted to graduates of teacher preparation programs at public higher education institutions. Interim certificates shall be made available to graduates of programs without a student teaching or clinical component and standard certificates subsequently shall be made available upon satisfaction of state board of education mentoring requirements and other state statutory requirements pertaining to all teachers. All performance requirements shall be considered satisfied by completion of state board mentoring requirements. Reviews of nonpublic teacher preparation programs shall be limited to verification of the criteria set forth in this subsection.

(2) For all Idaho teachers working on interim certificates, alternate routes or coming from out of state, completion of a state-approved reading instruction course shall be a onetime requirement for full certification.

(3) The board of trustees of every school district shall include, in its plan for in-service training, coursework covering reading skills development, including diagnostic tools to review and adjust instruction continuously, and the ability to identify students who need special help in reading. The district plan for in-service training in reading skills shall be submitted to the state department of education for review and approval, in a format specified by the department.

(4) A board-approved nontraditional educator preparation program that has a contract with a local education agency or consortium thereof to recruit, select, train, and retain teachers to teach in public schools that struggle to recruit and retain teachers may obtain funding from the state department of education, subject to appropriation or other available funds, provided that the program shall match no less than one hundred percent (100%) of any cost to the state for implementation. The board-approved program must have a documented history of recruiting, training, and retaining high-quality teachers who achieve above-average academic growth from students in Idaho and other states. The nontraditional educator preparation program may apply to the state department of education for available funding at the time one (1) or more teachers recruited by the program enters into an employment contract with a local education agency (LEA). The amount of funding per teacher provided by the department to the program shall not exceed twenty-five percent (25%) of each teacher's annual salary for each year the program is providing services in support of the teacher. Such funding is limited to two (2) academic years per teacher. In order for the program to obtain funding from the department:

(a) The program and the LEA shall provide to the department verification of each teacher's fulfillment of the annual employment contract; and

(b) The program and the LEA shall provide verification that the LEA is providing funding to the program for recruiting and training each teacher in an amount equal to at least ten percent (10%) of the amount the department is providing to the program.

History:

[33-1207A, added 1999, ch. 362, sec. 1, p. 957; am. 2000, ch. 269, sec. 1, p. 769; am. 2002, ch. 71, sec. 1, p. 157; am. 2010, ch. 309, sec. 1, p. 828; am. 2017, ch. 78, sec. 1, p. 218; am. 2019, ch. 259, sec. 1, p. 768; am. 2020, ch. 325, sec. 1, p. 940; am. 2021, ch. 292, sec. 1, p. 873.]
Idaho Code § 33-131 — Idaho Code / Title 33 / Chapter 1 / Section 33-131
33-131 DEFINITIONS — TRIBAL SCHOOL — TRIBAL EDUCATION AUTHORITY.
Status: in_force

33-131. definitions — tribal school — tribal education authority. (1) "Tribal school" means an institution with an educational program that has as its primary purpose providing education in any grade or grades from kindergarten to twelfth grade and that is controlled by the elected governing body of a federally recognized American Indian tribe in Idaho or by a tribal education authority established under the laws of a federally recognized American Indian tribe in Idaho.

(2) "Tribal educational authority" means the authorized governmental agency of a federally recognized Indian tribe, as defined in 25 U.S.C. section 450b, that is primarily responsible for:

(a) Regulating, administering or supervising the formal education of tribal members;

(b) Facilitating tribal control in all matters relating to the education of Indian children;

(c) Providing for the development and coordinated education programs, including all preschool, elementary, secondary and higher or vocational programs, funded by the United States bureau of Indian affairs and encouraging tribal cooperation and coordination with entities carrying out all educational programs receiving financial support from other general agencies, state agencies or private entities; and

(d) Providing for the development and enforcement of tribal education codes relating to the education of Indian children, including tribal education policies and tribal standards applicable to curriculum, personnel, students, facilities and support programs.

History:

[33-131, added 2010, ch. 282, sec. 1, p. 759.]
Idaho Code § 33-3803 — Idaho Code / Title 33 / Chapter 38 / Section 33-3803
33-3803 STATE EDUCATIONAL INSTITUTIONS AS BODIES POLITIC AND CORPORATE — POWERS OF BOARDS.
Status: in_force

33-3803. State educational institutions as bodies politic and corporate — Powers of boards. Each of the following institutions is hereby constituted and confirmed a body politic and corporate and a separate and independent legal entity and is hereby further constituted and confirmed as a governmental instrumentality for the dissemination of knowledge and learning: "The Regents of the University of Idaho," "Lewis-Clark State College," "Idaho State University," and "Boise State University." A corporate purpose of every institution, in addition to any other purposes thereof, shall be to acquire any project. The powers of every institution delegated to it by this act shall be vested in and exercised by a majority of all the members of its board, and a majority of all the members of such board shall be a quorum for the transaction of any business authorized by this act, but a lesser number may adjourn and compel the attendance of absent members.

History:

[33-3803, added 1935 (1st E.S.), ch. 55, sec. 3, p. 145; am. 1969, ch. 94, sec. 1, p. 324.]
Idaho Code § 33-511 — Idaho Code / Title 33 / Chapter 5 / Section 33-511
33-511 MAINTENANCE OF SCHOOLS.
Status: in_force

33-511. Maintenance of schools. The board of trustees of each school district shall have the following powers and duties:

(1) Each elementary school district shall maintain at least one (1) elementary school, and each other school district shall maintain at least one (1) elementary school and one (1) secondary school;

(2) To employ necessary help and labor to maintain and operate the schools of the district;

(3) To discontinue any school within the district whenever it shall find such discontinuance to be in the best interests of the district and of the pupils therein. For the purposes of this section, discontinuing a school shall mean no longer maintaining a school of any kind, at the same location, except in the case of secondary units as herein provided.

(a) When any school proposed to be discontinued is one which was operated and maintained by a former district now wholly incorporated within the boundaries of the district operated by said board of trustees, and, immediately following reorganization and the dissolution of said former district, such school has been continuously operated and maintained at the same location by the presently organized district, the following procedures shall apply before discontinuing a school:

(i) The board of trustees must first give notice of such proposal not later than the first day of June next preceding the date of the proposed discontinuance. Such notice shall be posted, and published once, in the manner provided in section 33-402, Idaho Code, and shall identify the school proposed to be discontinued.

(ii) If, not later than the first day of July following the posting and publishing of the notice of discontinuance, five (5) or more qualified school district electors residing within the school district shall petition the board of trustees for an election to be held within the school district on the question of discontinuance of that school, the board of trustees shall immediately order an election to be held on the first available election date provided by section 34-106(7), Idaho Code, that is at least fifty (50) days following the date of said order and shall give notice of the election.

(iii) Notice of such election shall be posted at or near the main door of the school proposed to be discontinued and at or near the main door of the administrative offices of the school district and shall also be published in one (1) issue of a newspaper printed in the county in which is situate the school proposed to be discontinued. The notice shall state the date the election is to be held, the place of voting, and the hours between which the polls shall be open. In addition, the notice of election shall describe the area of the particular attendance unit of the school district and shall identify the school proposed to be discontinued; and it shall state that only qualified school district electors residing within the school district may vote on the question of discontinuing the school.

(iv) The election shall be held within the school district and there shall be submitted to the electors a ballot containing the proposal:

1. For discontinuing the school located at….,

2. Against discontinuing the school located at…..

(v) If a majority of the qualified electors, as defined in this section and voting in the election, shall vote against discontinuing that school, then said school shall not be discontinued; and no proposal to discontinue the same school shall be made by the board of trustees of the district within nine (9) months after the date of the election.

(vi) If a secondary unit which the trustees of a district propose to close is more than thirty (30) miles by all-weather road from the attendance unit to which it is proposed to transfer such students, then, notwithstanding other provisions of this section, five (5) electors residing within the attendance area of the unit proposed to be closed may, as provided by this section, petition the board of trustees requesting an election to determine whether or not such attendance unit, or any portion of it, shall be closed. The board shall immediately call and hold an election as herein provided. However, for the purpose of this section relating to the secondary attendance unit thirty (30) miles or more distant from another secondary attendance unit, only the patrons resident in this attendance area shall be eligible to vote, except for attendance units, or portions of them, created after January 1, 2002, in which case qualified school district electors throughout the school district shall be eligible to vote. The election shall be deemed passed and the unit shall not be closed if a majority of those voting in the election vote in favor of retaining the attendance unit.

(b) The provisions of paragraph (a) of this subsection shall not apply when:

(i) The administrator of the division of occupational and professional licenses has determined that the school constitutes an imminent public safety hazard and has issued an order or notice requiring the school district superintendent, principal, board member or other person in charge to cause all persons, except those necessary to eliminate the condition, to be withdrawn from and to be restrained from entering the school, pursuant to section 39-8008, Idaho Code; and

(ii) The school district board of trustees have voted at a public meeting to discontinue the school.

History:

[33-511, added 1963, ch. 13, sec. 61, p. 27; am. 1967, ch. 366, sec. 1, p. 1057; am. 1973, ch. 5, sec. 1, p. 10; am. 2000, ch. 424, sec. 1, p. 1375; am. 2002, ch. 317, sec. 1, p. 898; am. 2011, ch. 125, sec. 1, p. 351; am. 2011, ch. 151, sec. 17, p. 427; am. 2021, ch. 325, sec. 1, p. 990; am. 2023, ch. 15, sec. 2, p. 67.]
Idaho Code § 33-528 — Idaho Code / Title 33 / Chapter 5 / Section 33-528
33-528 IDAHO STATE SEAL OF EXCELLENCE IN CIVICS PROGRAM.
Status: in_force

33-528. Idaho state seal of excellence in civics program. (1) The legislature finds that a strong constitutional republic relies on citizens who possess civic knowledge, civic skills, civic values, and a commitment to constructive civic participation. It is the intent of the legislature to establish a voluntary diploma endorsement program recognizing Idaho students who have achieved excellence in civics education and civic engagement.

(2) There is hereby established the Idaho state seal of excellence in civics to recognize graduating high school students who have attained a high level of civics proficiency and civic engagement.

(3) Participation in the Idaho state seal of excellence in civics program is voluntary for school districts and public charter schools. A school district or public charter school shall notify the superintendent of public instruction of its intent to participate. Each participating school district or public charter school shall:

(a) Maintain records of students who meet program requirements;

(b) Identify each eligible student prior to graduation;

(c) Affix the state seal to each eligible student's diploma and note the award on the student's transcript; and

(d) Allow eligible students to wear a red, white, and blue honor cord during graduation ceremonies to recognize the achievement.

(4) To earn the Idaho state seal of excellence in civics, a student shall meet the following requirements:

(a) Demonstrate civic knowledge by:

(i) Successful completion of all state-required social studies coursework for graduation with an overall GPA of 3.25 or higher in such courses;

(ii) Demonstrating mastery, which shall be ninety percent (90%) or higher, on the Idaho civics assessment required by section 33-1602, Idaho Code; and

(iii) Completion of a civics inquiry or research project, which may include:

1. A civics readiness research project;

2. A capstone paper or presentation;

3. An advanced placement, international baccalaureate, or dual credit civics or government project; or

4. A standards-aligned civics inquiry investigation;

(b) Demonstrate civic participation by completing at least three (3) of the following:

(i) Service learning or community service, requiring completion of at least fifty (50) hours of voluntary service with a public agency, school, nonprofit organization, or charitable organization that contributes to the public good. Students who enlist in the armed forces of the United States prior to graduation shall be deemed to have met this requirement;

(ii) Civic engagement activities, requiring participation in at least fifteen (15) hours of civic engagement activities, such as public meetings, mock trial, model united nations, American legion boys state or American legion auxiliary girls state, youth legislature, local government internship, or student government;

(iii) Completion of at least two (2) approved civic learning programs, including:

1. Junior reserve officers' training corps, with a minimum two (2) year participation;

2. Summer civics institutes;

3. School-sponsored extracurricular civics programs; or

4. Projects aligned to Idaho and United States government standards; or

(iv) Civics-related work experience, including internships, volunteering, and other work-based learning opportunities; and

(c) Demonstrate good attendance and not incur any major disciplinary infractions, as defined by local school board policy.

(5) The state seal shall be affixed to the diploma of a student who satisfies the requirements of this section and shall be noted on the student's official transcript. The state superintendent of public instruction shall design and produce the insignia and deliver appropriate quantities to participating school districts and public charter schools at no cost to students.

(6) The state department of education shall provide participating school districts and public charter schools with implementation guidance surrounding participation in the state seal of excellence in civics program, including:

(a) Rubrics, examples of eligible activities, and reporting templates;

(b) Professional development to support instruction aligned to civics proficiency; and

(c) Annually, a list of approved civic learning programs. Schools may design local projects, assessments, or activities that align with state civics standards.

(7) Participating school districts and public charter schools shall report to the state department of education by August 1 each year:

(a) The number of students awarded the Idaho state seal of excellence in civics; and

(b) Aggregate data on student participation in civic learning pathways.

(8) Any school that demonstrates that seventy-five percent (75%) or more of its graduating senior students have earned the Idaho state seal of excellence in civics shall be identified by the state department of education as an Idaho school of civics excellence.

(9) The state department of education shall publish an annual statewide summary for the Idaho legislature, governor, and communities regarding excellence in civics throughout the state.

History:

[33-528, added 2026, ch. 158, sec. 1, p. 712.]
Idaho Code § 33-2729 — Idaho Code / Title 33 / Chapter 27 / Section 33-2729
33-2729 PLANT FACILITIES RESERVE FUND AND LEVY.
Status: in_force

33-2729. Plant facilities reserve fund and levy. The library district board of trustees is authorized to create a plant facilities reserve fund as set forth in sections 33-804 and 33-901, Idaho Code.

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

History:

[33-2729, added 1991, ch. 35, sec. 1, p. 72; am. 2002, ch. 155, sec. 3, p. 452.]
Idaho Code § 33-3408 — Idaho Code / Title 33 / Chapter 34 / Section 33-3408
33-3408 EXPENDITURES — BUDGET — FUNDING.
Status: in_force

33-3408. EXPENDITURES — BUDGET — FUNDING. (1) There is hereby created in the state treasury the Idaho bureau of educational services for the deaf and the blind trust fund, which is hereby continuously appropriated to the Idaho bureau of educational services for the deaf and the blind. The fund shall consist of appropriations, fees, grants, gifts or moneys from any other source. The state treasurer shall invest all idle moneys in the fund and interest earned on such investments shall be retained by the fund.

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

(3) The Idaho bureau of educational services for the deaf and the blind shall submit its annual appropriation request, as provided for in subsection (2) of this section, which request shall include the information required under section 67-3502(1), Idaho Code, to the state superintendent of public instruction by no later than the last day of August to be included as part of the overall budget request of the educational support program. The state superintendent of public instruction shall disburse any funds appropriated to the Idaho bureau of educational services for the deaf and the blind no later than July 1 or as soon as practicable thereafter. The Idaho bureau of educational services for the deaf and the blind board of directors shall use such moneys to provide supplemental services to deaf or hard of hearing and blind or visually impaired students in the state of Idaho.

History:

[33-3408, added 2009, ch. 168, sec. 4, p. 508; am. 2010, ch. 191, sec. 5, p. 409; am. 2025, ch. 106, sec. 1, p. 565.]
Idaho Code § 33-915 — Idaho Code / Title 33 / Chapter 9 / Section 33-915
33-915 FIXED DISTRIBUTION — SCHOOL MODERNIZATION FACILITIES FUND.
Status: in_force

33-915. fixed DISTRIBUTION — SCHOOL MODERNIZATION FACILITIES FUND. (1) The state department of education shall establish a fixed distribution of funds to be made available for voluntary election to each school district subject to the conditions in this section.

(a) The distribution shall be calculated in state fiscal year 2025 for each school district, as defined in section 33-1001(23)[(24)], Idaho Code, that is in operation as of July 1, 2024.

(b) The distribution shall be calculated by multiplying the following two (2) factors, both of which shall be based on the most recent data available in the state fiscal year coinciding with the distribution calculation:

(i) Calculate the per-pupil amount, using the average daily attendance calculation provided in section 33-1003A, Idaho Code, for each student in kindergarten through grade 12 at physical facilities that are part of and on school grounds of the school district in which the student is enrolled with verification, as needed, by the office of the state board of education. Upon formal approval by the state board of education, a school district may receive an exemption to the physical facility requirement pursuant to this subsection if the student would have attended a physical facility in the school district if not for a stated emergency; and

(ii) Calculate, together with the Idaho state building authority, the total amount that a bond issuance would generate, based on the amount established in section 63-3638(19), Idaho Code.

(c) In no case shall the amount awarded to any school district be less than twenty-five thousand dollars ($25,000) over the ten (10) year period.

(d) In no case shall the amount awarded to any school district with an active charter district maintenance and operation levy pursuant to section 33-802(6), Idaho Code, or a charter district supplemental maintenance and operation levy pursuant to section 33-802(4), Idaho Code, exceed forty million dollars ($40,000,000) over the ten (10) year period. Excess funds shall be distributed proportionately according to the factors established in paragraph (b) of this subsection to remaining school districts that received initial allocations below forty million dollars ($40,000,000). Any districts receiving reallocations under this paragraph shall not exceed forty million dollars ($40,000,000).

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

(2) The provisions of this section shall be null, void, and of no force and effect on and after June 30, 2034.

History:

[33-915, added 2024, ch. 237, sec. 17, p. 831; am. 2026, ch. 222, sec. 5, p. 990.]
Idaho Code § 33-4901 — Idaho Code / Title 33 / Chapter 49 / Section 33-4901
33-4901 COOPERATION.
Status: in_force

33-4901. Cooperation. In conjunction with its supervision of traffic on public highways, the Idaho transportation department is directed to cooperate with the division of career technical education in its establishment of a motorcycle rider safety program for the state of Idaho.

History:

[(33-4901) 33-4801, added 1994, ch. 234, sec. 10, p. 742; am. and redesig. 2005, ch. 25, sec. 51, p. 101; am. 2009, ch. 30, sec. 1, p. 82; am. 2016, ch. 25, sec. 29, p. 53.]
Idaho Code § 33-2141 — Idaho Code / Title 33 / Chapter 21 / Section 33-2141
33-2141 DISBURSEMENT OF FUNDS — METHOD — FUNDS DISBURSED NOT CONSIDERED IN FIXING TUITION.
Status: in_force

33-2141. Disbursement of funds — Method — Funds disbursed not considered in fixing tuition. Funds transferred to the state community college account shall be disbursed quarterly to the qualifying community college districts. Funds disbursed under this act shall not be considered by the board of trustees of any community college in fixing tuition of such college pursuant to section 33-2110, Idaho Code.

History:

[33-2141, added 1967, ch. 350, sec. 4, p. 993; am. 1974, ch. 260, sec. 1, p. 1682; am. 1987, ch. 142, sec. 1, p. 283; am. 2012, ch. 35, sec. 2, p. 106.]
Idaho Code § 33-506 — Idaho Code / Title 33 / Chapter 5 / Section 33-506
33-506 ORGANIZATION AND GOVERNMENT OF BOARD OF TRUSTEES.
Status: in_force

33-506. Organization and government of board of trustees. (1) Each board of school district trustees shall organize at its first regular meeting in January and elect a chairman, a vice chairman, a clerk and a treasurer. The clerk and the treasurer may be members of the board of trustees; or, in the discretion of the board, either or both may be selected from among competent and responsible persons outside the membership of the board. The board in its discretion may allow compensation for the clerk, and for the treasurer, if other than the county treasurer.

(2) Each member of the board not otherwise compensated by public moneys shall be compensated for actual expenses incurred for travel to, from, and attending meetings of the board. Such compensation shall be paid from the district school funds.

(3) It shall be the duty of each member of the board of trustees to attend all meetings, both regular and special; and the board shall have the following powers and duties:

(a) To make bylaws, rules and regulations for its government and that of the district, consistent with the laws of the state of Idaho and the rules and regulations of the state board of education;

(b) To call special meetings or elections for such purpose as may be necessary for the proper conduct and management of the school or schools of the district;

(c) To employ an attorney or attorneys when deemed for the best interests of the district, or for the purpose of defending the district against any suit or for bringing action deemed necessary to be commenced by the board.

History:

[33-506, added 1963, ch. 13, sec. 56, p. 27; am. 1975, ch. 82, sec. 1, p. 167; am. 1978, ch. 103, sec. 1, p. 210; am. 1988, ch. 77, sec. 1, p. 132; am. 2018, ch. 164, sec. 4, p. 325; am. 2019, ch. 38, sec. 1, p. 106.]
Idaho Code § 33-139 — Idaho Code / Title 33 / Chapter 1 / Section 33-139
33-139 PROHIBITION ON THE EXPENDITURE OF MONEYS FOR CERTAIN PURPOSES.
Status: in_force

33-139. prohibition on the expenditure of moneys for certain purposes. No moneys shall be expended by the state board of education, any entity under the state board of education's jurisdiction, or any school district, public charter school, or public institution of higher education for any purpose prohibited in section 33-138, Idaho Code.

History:

[33-139, added 2021, ch. 293, sec. 2, p. 886.]